A worker was critically injured when a section of a concrete basement wall collapsed on them at a residential construction project in King, Ontario. The wall section had been cut by the crew and left standing without bracing. Someone was working nearby. The section fell.
It didn't need to be that complicated — and that's what makes this case worth examining.
What Happened
E.H.E. Construction Group Inc. was building an addition to a single-family home at 35 Simcoe Road in King, Ontario. Part of the work involved cutting through the existing concrete basement wall to connect the addition to the original structure.
Workers cut sections of the wall and left them standing in place. The plan was to remove them later. There was no bracing installed on any of the cut sections. On January 20, 2023, one of those sections collapsed and critically injured a worker who was nearby.
A Ministry investigation found that E.H.E. Construction Group failed to ensure that the cut wall sections were adequately braced to prevent movement, failure, or collapse — as required by Section 31(1)(b) of Ontario Regulation 213/91. The company was convicted in an ex-parte trial in Newmarket and fined $140,000 plus a 25% victim fine surcharge.
What the Law Says
Section 31(1)(b) of Ontario Regulation 213/91: "Every part of a project, including temporary structures and excavations, shall be adequately braced to prevent movement, failure or collapse."
Basically, what this means is simple: when you cut a concrete structural element, you create an unsupported mass. That mass must be braced before workers remain in the area. There is no "we'll deal with it later" provision in the regulation.
Three Things This Case Teaches Ontario Contractors
- Cutting a structural element creates a new hazard that must be controlled immediately. A cut section of concrete is no longer part of a wall — it is a free-standing object with no lateral support. Bracing is required before work continues in the area.
- Residential projects are not exempt from O. Reg. 213/91. Home additions and renovations are construction projects. The same bracing requirements that apply on a commercial site apply when you're cutting a basement wall at someone's house.
- "We were going to remove it later" is not a defence. The law doesn't ask about your intentions. It asks whether the cut section was adequately braced while workers were present. If the answer is no, the requirement was not met.
If your crews do any structural modification work — concrete cutting, partial demolition, saw-cutting floors — this case belongs in your next toolbox talk. The full analysis, including supervisor and employer action checklists, is in the WorkSafe Sounds article linked above.