View cases - Stewart McKelvey

7Contractors: Amblynn Electric...22 work orders dispatched to places where vermiculitewas known to be present.[11] After April 2006 remediation work was undertaken on 80 units, which includedsealing, air monitoring, and eventually (when roofs were replaced) removal. It goeswithout saying that this response was much too late in coming.[12] The attic spaces were not living spaces. From the defendant’s testimony itappears they were empty, windowless and relatively small, containing only theinsulation and electrical wires. From a tenant’s perspective they would seem likely andlogical places for storage.[13] The defendant appears in the foregoing script on October 4 , 2005 (par. 2) anddisappears on October 26 of the same year (par. 6). The time frame of the chargeagainst him extends through to April 6 th of the following year. It is his absence from theAgreed Statement which leads to the charge. After October 26th the defendant didnothing further. The Crown’s case is that this very inaction constitutes a breach of s.17.The defence asserts that the steps Mr. Della Valle took in October are all that shouldreasonably be expected of him.[14] Cyril Leudey was employed by the Department of Community Services tocoordinate various projects between DCS and other agencies, such as CBIHA. In thissense he was a go-between, relaying technical information and advice. He had donethis in 1999 in respect to asbestos insulation found under a few balconies on CBIHAproperties. He had virtually no recollection of a Housing Services Quarterly Meeting inJune of 2005 where the minutes state that vermiculite insulation was discussed, but notconsidered to be present in Housing Authority units. In summary, Mr. Leudey neverspoke to the defendant about this or any other safety issue during the relevant timeperiod and his evidence has little bearing on the outcome of this trial.[15] Joan McKeough testified that the CBIHA administers about 3200 rentalproperties on behalf of DCS in Cape Breton. These accommodate primarily moderateto low income families and seniors.[16] On April 4, 2006 the defendant informed Ms McKeough of a letter addressed toher dated March 31, 2006. The letter was received by fax at CBIHA. The letter wasfrom a Mr. Gillis of Amblynn Electric, a contractor doing electrical work in a CBIHA unit.An employee of this firm had evidently voiced concern to his boss in the month previousabout the presence of asbestos in the work space. The contractor came intopossession of the October 25, 2005 report from Mr. Muggah and had spoken with the