Company That Employed Worker Killed in Trench Collapse Pleads Guilty to OHS Charge, Fined $330K

Three years after Liam Johnston died in a trench collapse at a northwest Calgary excavation site, the company that employed him has pleaded guilty to one charge under Alberta’s Occupational Health and Safety Act.

The fatal incident happened on June 8, 2023, while Johnston was working on sewer and water line repairs in the Charleswood area.

Mr. Mike’s Plumbing Pleads Guilty

On Monday, Justice Gordon Krinke accepted a guilty plea from Mr. Mike’s Plumbing.

The company admitted to failing to ensure the health, safety and welfare of Johnston, who was killed when the excavation site collapsed around him.

The company had originally faced 11 charges, but the remaining 10 charges were withdrawn as part of the plea arrangement. Alberta’s public OHS charge listing had previously identified alleged contraventions against Mr. Mike’s Plumbing related to worker safety and excavation protections.

Inadequate Supervision Found at Worksite

Court heard that supervision at the excavation site was not sufficient on the day Johnston died.

The trench was not properly shored, and a photo showing one of Johnston’s co-workers in a dangerous position was sent to a supervisor only minutes before the collapse.

Despite the risk shown in the image, no warning or corrective action was taken.

Victim Impact Statement Describes Lasting Grief

Johnston’s common-law partner, Emily Gofton, delivered a powerful victim impact statement in court.

She said she has come to understand, in the most painful way, that a worker’s safe return home does not depend only on how hard they work.

Gofton said she will carry a love that now has nowhere to go, adding that if love could have saved Johnston, he would have lived forever.

Company Agrees to Pay Fine and Safety Funding

As part of a jointly recommended sentence, the company agreed to pay $215,000 to the University of Alberta’s Injury Prevention Centre.

It also agreed to pay a $115,000 fine.

The sentencing proposal was presented by prosecutor Orysha Zahaylo and defence lawyer Christopher Spasoff.

Johnston’s Parents Attend Remotely

Johnston’s parents joined the court hearing by video from outside Alberta.

His mother, Kim Ivison, said she is not only grieving the past, but also the future that was taken away from her family.

Agreed Statement of Facts Not Released

A detailed agreed statement of facts was filed in court as part of the plea.

The document reportedly includes information about the hazardous excavation site, what happened in the 24 hours before the collapse, and the company’s actions before and after Johnston’s death.

However, Justice Krinke refused to release the document to the media and public. The judge did not provide reasons in court and did not allow the issue to be argued.

Excavation Work in Charleswood

Court heard that Mr. Mike’s Plumbing had been hired in June 2023 to replace sewer and water lines behind a home in Calgary’s northwest Charleswood community.

The crew included four workers: a supervisor, a hydrovac operator, a labourer and Johnston, who was working as lead hand.

Although Johnston had previously worked as an apprentice plumber, he had paused that apprenticeship to take a higher-paying role with the excavation crew.

Deep and Difficult Dig

The project was challenging because of the sloped site, deep utility lines and instructions not to damage the homeowner’s retaining wall.

The crew was digging much deeper than usual. Court heard that a typical Calgary water and sewer line dig is around 10 feet, but this excavation reached 19 feet.

Supervisor Left the Site

On June 7, the crew supervisor left unexpectedly because of a personal matter.

That left Johnston as the senior worker on site.

Johnston contacted company owner Mike Brock to report that the excavation was difficult. Brock came to the site, stayed for about an hour and told workers not to enter the trench until it was shored.

Johnston Warned the Dig Was “Too Deep”

By the end of June 7, the crew was still trying to locate the sewer line.

The excavation was so deep that extensions had to be added to the hydrovac line.

By mid-morning on June 8, the trench was about 19 feet deep with straight-cut walls.

In the minutes before the collapse, Johnston texted the supervisor that the dig was “too deep.”

Trench Collapsed Seconds After Johnston Entered

The supervisor asked for photos of the site.

One image showed another crew member standing on the excavation wall, but the supervisor did not raise concerns about the worker’s position.

Johnston then climbed down a ladder into the trench.

Within seconds, the trench collapsed, breaking the ladder and burying him.

Recovery Took Hours

Emergency crews responded to the scene, but the recovery operation was extremely difficult.

The Calgary Fire Department previously said crews had to bring in specialized rescue teams, an excavator and a hydrovac after the trench collapsed in Charleswood.

Court heard it took firefighters about 12 hours to reach Johnston’s body.

Medical Examiner’s Finding

The medical examiner determined that Johnston died from traumatic asphyxiation.

An expert report later found that the excavation should have been cut at a much wider slope, but that would not have been practical because it could have undermined the nearby home.

Instead, the site should have used vertical cuts with proper shoring or been widened with sloped walls and a portable trench box. Safety experts had previously noted that trench boxes are designed to protect workers from cave-ins.

Safety Training Had Been Completed Months Earlier

Court heard that three of the four workers on the project had completed a safety course three months before the fatal incident.

The course included topics such as shoring, trench collapse, installation procedures and occupational health and safety responsibilities.

Despite that training, the court found that Mr. Mike’s Plumbing failed to properly implement and enforce safety measures.

Company Says It Failed

After Johnston’s death, owner Mike Brock introduced additional safety steps.

Court heard that the company revised its excavation hazard process, increased supervisory oversight and added more employee training.

Brock apologized in court and said nothing he could say would reduce the pain suffered by Johnston’s family.

He acknowledged that the company failed to provide the supervision and verification required.

The guilty plea by Mr. Mike’s Plumbing brings a measure of legal accountability after Liam Johnston’s death in a Calgary trench collapse.

Court heard that the excavation was deep, difficult and unsafe, with inadequate supervision and no proper shoring in place when Johnston entered the trench.

While the company has agreed to pay fines and support injury prevention work, Johnston’s family continues to live with the devastating loss of a future that should never have been taken.