Justice of the Peace John A Balkwill fined Encore Steel CAD75,000 (USD72,188) in connection with a worker's 2012 death involving a diesel-powered pneumatic-tyre TCM model FA25D forklift.

The structural steel fabricator pleaded guilty to failing to protect a worker while materials were lifted, carried or moved. Encore Steel in the Gloucester community of Ottawa was charged with violating the province's Occupational Health and Safety Act.

On 4 June 2012, two workers were loading steel beams onto a truck at an Encore Steel industrial facility. When the truck was loaded, one of the workers climbed up onto the load of beams to ensure that they were stable and to help strap them down.

While standing on the load, that worker instructed the other to use a forklift to move a beam closer to the middle of the truck. The worker standing on the load remained there while the other used the forklift to move the beam.

The beam slipped off the forks and knocked the worker off the truck. The worker fell 9.5 ft. (2.9 m) to the ground and sustained fatal injuries, according to an agreed statement of facts as presented in court.

In addition to the fine, the court imposed a 25% victim fine surcharge as required under the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

Jai Dhar served as crown counsel on the case in the Ontario Court of Justice in Ottawa.