June 19, 2006

Infrastructure

Enbridge Gas trial hears from locator

Gas explosion that levelled Etobicoke mall claimed seven lives in April of 2003

FAZEENA SAMAD

staff writer

TORONTO

Three years after a gas explosion levelled a mall in Etobicoke, killing seven people, the trial against three companies charged in the blast has resumed.

The April 24, 2003 blast on Poplar Avenue and Bloor Street West levelled a strip mall housing four retail businesses, and five apartments across the street.

Enbridge Gas Distribution Inc. and its sub-contactor, Precision Utility Ltd., are charged with failing to provide as accurate information as possible on the location of a natural gas pipeline at the site.

Warren Bitulithic Ltd. is charged with digging without determining the exact location of the underground gas lines and damaging a pipeline without permission.

On the stand last week, John Cathcart, the locator for the project and a former employee of Precision Utility Ltd., testified he “does not recall” calling in a range of addresses or only visible addresses for the Bloor Street project.

Cathcart was questioned about statements he made to investigators the day after the explosion.

“I am not disputing my testimony — that was three years ago — I am speaking three years later; my memory is just not that clear on these issues,” Cathcart told the court.

In a 2003 taped interview, Cathcart told investigators: “I phoned in; I phoned in every visible address that I saw, if I called in, then I saw the address.

“If I didn’t call in, I didn’t see an address. I physically checked the buildings down there looking for addresses.”

Cathcart told the Crown he “was not concerned about the legal consequences” of his statements at the time of the investigation.

“It never entered my mind. I was there to tell the truth about what happened,” Cathcart replied when asked about the validity of his statements.

“This was an emotional time for me, but I always gave the most accurate and truthful answer when the question was asked.”

Previous testimony from Mike Scraland, operations manager for the Technical Standards and Safety Authority (TSSA), revealed the explosion occurred after a backhoe pulled the pipe out of the ground disconnecting the line from a pizzeria in the west-end strip mall.

During his testimony in court earlier this year, Scarland said “nothing had been done to mark that one service line.

“In this instance, we are looking at what happens when excavation and locations are not done according to guidelines,” Scarland said after court last week.

“This has changed lives. Seven people are dead. And, for Mr. Cathcart, it has changed his life too.”

Four people were also injured in the blast.

The explosion ripped a hole in the wall of a home next door and blew out windows across the street.

The court has yet to hear testimony from the backhoe operator who was working the Bloor Street site at the time of the explosion.

Lawyers for Warren, Enbridge and Precision are expected to examine Cathcart later this month.

Enbridge and Warren face two counts each, and Precision faces one count. Each count carries a maximum $1 million fine.

The trial is expected to last until November.

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