Asbestos Litigation

A provincial supreme court in Canada recently ruled that an asbestos contractor who had been ordered to stop operations was not in contempt of court.

WorkSafeBC, British Columbia's workplace safety body, had ordered Arthur Moore and his firm AM Environmental to stop performing asbestos abatement projects after it was alleged that the company committed asbestos violations, according to the Vancouver Sun.

Specifically, it was alleged that Moore used untrained workers to remove asbestos and also that he gave buildings that contained the carcinogenic material clearance to be demolished.

Tearing down buildings that contain asbestos, which was once widely used as an insulator and flame retardant, can have serious consequences as the mineral fibers can become airborne. The inhalation of these mineral fibers can cause a number of serious illnesses such as malignant mesothelioma, asbestosis and lung cancer.

British Columbia Supreme Court Justice Jeanne Watchuk said that while there was "a compelling case for incarceration," WorkSafeBC's stop work order was ambiguous and as a result, Moore should not be sent to jail.

"Before Mr. Moore can be punished or sent to jail for his conduct he must be shown to be in breach of an order which is clear and precise," the judge said.