Eastway owner Neil Greene leaves the Ottawa courthouse with his defence lawyers on Friday.
A judge has ruled that Eastway Tank, Pump and Meter can go ahead with its plan to argue that search warrants and seizures related to an explosion that killed six of its employees should be quashed over alleged Charter violations.Eastway owner Neil Greene, centre, leaves the Ottawa Courthouse with his defence lawyers in April after pleading guilty to regulatory charges over a fatal explosion in January 2022.
The criminal investigation began a year later, just days before the Ministry of Labour laid regulatory charges against Greene and Eastway. Officers executed search warrants and made a number of seizures six months after that, in the summer of 2023.Police acknowledge they made mistakes in documents they submitted to convince judges to grant the search warrants against Greene, officer affidavits state, resulting in 26 boxes full of documents being seized unlawfully.
His lawyers say the ministry report and insurance filings formed the basis of the criminal investigation, and that obtaining them was essentially a "fishing expedition" for grounds that a crime may have occurred. An assistant Crown prosecutor from Toronto will take over from police prosecutors, and both sides will be back in court in December to discuss next steps.Eastway also pleaded guilty for failing to adequately inform, instruct and supervise workers about safe fuel storage and handling to protect them from contaminated diesel.
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