SASKATOON - “He [Dawson Block] had no way of knowing, when he walked onto the job site that day, that he would not walk off it; that, in fact, he would never move so much as a finger ever again,” said Saskatoon Justice Quentin Douglas Agnew in his written decision against King Stud Contracting.
Justice Agnew fined King Stud $126,000 after the company pleaded guilty in Saskatoon Provincial Court on Dec. 8 to violating The Occupational Health and Safety Regulations.
“Feb. 19, 2021, began as an ordinary day for Dawson Block,” continued Justice Agnew. “He was 20 years old, outgoing and popular, a motorcycle enthusiast. He was a first-year electrician apprentice, and for the previous four months had worked for the defendant framing company, King Stud Contracting Ltd. It was his first experience in the construction industry.”
Court documents obtained by SASKTODAY.ca show that King Stud was a small corporation with “something of a history with Occupational Health and Safety inspectors.”
In the last five years, OHS inspectors had cited King Stud three times for 10 violations including, most crucially for Dawson Block, four related to fall prevention and safety. Some of the violations related to use of an unsafe lifting platform as a work platform and failure to properly use fall protection equipment.
“Those violations were found on Sept. 3, 2020, less than six months before Dawson Block’s last day of physical mobility,” said Justice Agnew.
On. Feb. 19, 2021, Block was working with Joshua Wollf, one of King Stud’s owners. They were working five metres [16 feet] in the air on a platform that OHS had ordered King Stud in September 2020 could not be used for workers and only for material. However, its use as a work platform was a normal practice for King Stud and they continued this practice even after being ordered by OHS to stop that use.
“Wollf had chosen not to have King Stud purchase a proper work platform in order to save money,” said Justice Agnew in his written decision.
The platform had a floor, a waist high wire-mesh wall on the crane side and the same on either end but the ends were gates that could be opened. There was no roof and the front side of the platform was open.
Before stepping onto the work platform that morning to install roof rafters, Block asked Wollf if they should wear fall arrest equipment. According to court documents, Wollf, in his own words “brushed off” the suggestion. He said it slowed down their work and he wanted to get the job done and move to the next site.
On the platform, Wolff and Block were completing the gabled rafters above the second-floor balcony of the townhouse they were working on and as Block stepped to his right, he pushed against the right-side unsecured gate and it swung open. Block fell five metres to the ground landing face down.
Block suffered a C5 spinal fracture and spent three months in intensive care at the Royal University Hospital in Saskatoon. Most of this time he was on a respirator.
“He is, and for the rest of his life will remain, a quadriplegic,” said Justice Agnew. “He requires 24-hour nursing care. He has no control over his bodily functions. He requires specialized equipment for every aspect of his life. He must take a variety of medications. None of these effects will change for the rest of his life.
“His victim impact statement makes it clear that he is facing these challenges with the best attitude possible, but also contains clear indications of the ruin that King Stud has made of what he expected his life to be like.”
In his decision, Justice Agnew noted that the fine is approximately one year’s net proceeds to the principals of the corporation.
“Such a fine will be a very significant penalty to the principals of the corporation but should not be so debilitating as to cause the collapse of King Stud,” said Justice Agnew.
“Will it be extremely uncomfortable for them for several years? Undoubtedly; but not nearly as uncomfortable as the rest of Dawson Block’s life will be for him, as a result of their actions or inaction.”
A GoFundMe page was created last year by Matthew McGrath and Brucie McGrath for Ann Marie Paton to help Block. By December 2022, the fundraiser raised $51,600 of its $50,000 goal. The Town of LeRoy has also been accepting donations on the family's behalf and were supplying tax receipts.
“My long-time best bud, Dawson Block, suffered a life altering injury after a fall,” wrote McGrath on the GoFundMe page. “He is now facing a C5 spinal injury. We know he will need surgery, extensive therapy, new equipment, changes will be needed within the home, and more. We are grateful he suffers no brain injury and happy to report he is still cracking jokes and making everyone smile.
“Dawson is the kindest, nicest, most genuine goofball friend. His fun-loving nature makes it easy to smile when he is around. He is loved beyond measure. He is a wonderful son, a sweet ‘little’ brother, and an adoring uncle to his nieces and nephews.”
In March 2021, Paton posted, “We have been blown away by the support we have received. Thank you to all who have donated to Dawson’s recovery, delivered meals, and checked in on us. If you haven’t heard a reply, please know we have read your messages and are grateful. Dawson is also recieving [sic] his messages, so keep sending them :)”
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