Moffat Bros. Roofing Ltd. – a Cobourg-area roofing company – has been fined $100,000 after a worker suffered critical injuries falling approximately 22 feet from the roof of a building at a Port Hope construction project.
The company – of 2213 Lovshin Road in Cobourg, Ontario – entered a guilty plea in the Provincial Offences Court in Cobourg on June 3, 2026.
Justice of the Peace Joel Kulmatycki imposed the $100,000 fine; Crown Counsel was Shantanu Roy. The court also imposed a 25 per cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime, according to the Ontario government.
The Incident
The incident took place on Aug. 1, 2023.
The worker employed by Moffat Bros.attended the construction site at 5325 County Road 10, Port Hope, to complete a steel roof replacement. According to the Ontario Ministry of Labour, Immigration, Training and Skills Development, the worker was clipped to the tether rope of a safety line while performing the work.
When the worker reached the position required to install the final roof panel, the safety line's tether was not long enough to reach that location. As a result, the worker unclipped from the safety line.
The worker then attempted to step over a steel panel being fastened to the roof, lost their balance, and fell approximately 22 feet to the ground, sustaining critical injuries. The Ontario government noted that "the worker was not using any method of fall protection at the time of the incident, despite fall protection equipment being available onsite."
The charges
The Ontario government charged Moffat Bros. Roofing Ltd. under section 25(1)(c) of the Occupational Health and Safety Act (OHSA) and section 26.1(2) of Ontario Regulation 213/91 (Construction Projects).
Section 25(1)(c) of the OHSA requires employers to ensure that prescribed measures and procedures are carried out in the workplace. Section 26.1(2) of Ontario Regulation 213/91 sets out requirements for fall restricting systems at construction project sites.
The company was found to have "failed to ensure that a worker was protected from falling when performing work at height," contrary to both provisions.
“Falls are common causes of serious work related injuries and deaths. Fall protection planning can help to eliminate the hazards or control the risks associated with working near openings or at heights,” said the Canadian Centre for Occupational Health and Safety (CCOSH).
“Fall protection plans must be specific to each site where workers are at heights. There is ‘no one size fits all’ plan. Requirements and equipment used will change from workplace to workplace, site to site, and job to job.”
