A company based in Concord, Ont., has been fined $125,000 after a contracted dump truck struck and killed a pedestrian near a Toronto Transit Commission bus stop in April 2021.

D&A Road Services, an asphalt and concrete grinding and milling contractor, failed to construct a required fence between a public walkway at its work site for the Finch West Light Rail Transit line, the Ontario Ministry of Labour, Immigration, Training and Skills Development says.

The business will also pay a 25% victim fine surcharge under the Provincial Offences Act.

Crews had been removing asphalt from a roadway on Finch Avenue and loading it into dump trucks operated by contractors. And they would periodically stop to allow pedestrians to cross through the work zone marked by orange barriers.

It ended up being a deadly situation.

A pedestrian passed through partially opened orange barriers to retrieve a plastic bag, while the driver in a parked and loaded dump truck near the pedestrian crossing completed their paperwork. But once the paperwork was complete, the driver began to operate the truck and struck the pedestrian who died of their injuries.

D&A Road Services pled guilty to violating Section 65 of Ontario Regulation 213/91, contrary to the Occupational Health and Safety Act. It was convicted July 12, 2023.