Guilty plea expected in Eastway Tank blast case, ministry tells victims' families

Families shattered by an Ottawa workplace explosion that killed six people in 2022 are being told by Ontario's Ministry of Labour to expect a guilty plea next month in the workplace safety case against the employer, CBC has learned. 

In an email sent Friday to families of the victims of the Jan. 13, 2022 explosion at Eastway Tank, Pump and Meter, a ministry official wrote that the case would be resolved in court with a guilty plea on April 5. Two families shared the email with CBC. 

David McCaskill, a Crown lawyer on the case, confirmed to CBC that trial dates are no longer needed "and at this point we anticipate the matter returning to court on April 5 for expected resolution."  

One year after the explosion, the ministry charged Eastway Tank and its owner Neil Greene with three identical counts each under the province's Occupational Health and Safety Act, including allegedly failing to take reasonable precautions to protect workers. 

It's not clear if both Greene and his company will plead guilty, or to which charges.

Rick Bastien, Etienne Mabiala, Danny Beale, Kayla Ferguson and Russell McLellan died in the Jan. 13, 2022, explosion, Ottawa's worst workplace incident in decades.

A sixth employee, Matt Kearney, succumbed to his injuries in hospital the next day. 

Bastien's fiancée Louise Martel said she was relieved the case would not go to trial. She wanted to be spared grisly details about the explosion, she said.  

Martel said she plans to attend the April 5 appearance and hopes to see Greene there in person. She'd like chance to tell him "about our suffering and what we lost [and] the life that we won't have," she said in French. 

Friday's note about an expected guilty plea came after a judicial pre-trial between the Crown and Greene's lawyers. 

A months-long judge-only trial in Ottawa's Ontario Court of Justice against Eastway Tank and Greene had been slated to begin March 4, but was then postponed to March 18 as talks between the lawyers continued. 

Greene's lawyer, Kirstin Macrae, declined to comment Friday on the ministry's note to families.

When reached for comment, the Ministry of Labour said the matter is scheduled to be spoken to on April 5.

Police still investigating

The Ministry of Labour also alleged Eastway failed to ensure a truck "was free of gasoline or any other flammable liquid or substance" while work or testing that could ignite it was taking place nearby, according to court records. 

An industry expert has told CBC this charge accuses Eastway of working on a "hot truck" — an allegation previously made by several former Eastway employees who spoke to CBC after the explosion.

Those employees also alleged other examples of an unsafe work environment including improper storage of flammable chemicals, as well as earlier fires. Greene at the time called those allegations "unfounded."

Eastway could face a maximum fine of $1.5 million and Greene would face a maximum fine of $100,000, jail time of up to 12 months, or both. The act does not lay out minimum fines or jail sentences. 

In its note to families, the ministry asked them to prepare victim impact statements for the April 5 court appearance. 

The Ottawa Police Service, which launched its own probe, said Friday it continues to actively investigate the explosion.