July 24, 2006

Legal Issues

Landmark Enbridge case hears from gas locator

FAZEENA SAMAD

staff writer

TORONTO

Lawyers for Enbridge Distribution Inc., one of three companies charged in a fatal gas explosion at a strip mall in Etobicoke, started their examination in the landmark case.

John Cathcart, the gas locator who worked the Bloor Street West site, resumed his testimony last Monday.

The April 24, 2003 gas explosion, which occurred during curb construction in the area of Poplar Avenue and Bloor Street West, killed seven people and injured four others.

“There was a change in the gas main at that time...”

John Cathcart - Gas Locator

Cathcart is a former gas locator for Precision Utility Ltd., charged with failing to provide as accurate information as possible on the location of a natural gas pipeline at the construction site.

During cross-examination, Cathcart was heavily questioned about his years of field (and in-office) experience, and training as a locator in the utility (gas) industry.

When asked, based on his 25 years of work experience, how he would advise excavation crews when faced with “old paint marks” in the dig area, Cathcart replied: “[I] would not advise the crew to go with old paint marks because they may be there for a number of reasons, such as a locate that is not related to gas lines...or they may be erroneous or incomplete.”

He later testified that if an excavator was unsure of locates in the “dig area” that there was “no shame in asking, in fact, it was expected.”

Warren Bitulithic Ltd., the excavator for the curb construction project, was charged with digging without determining the exact location of the underground gas lines and damaging a pipeline without permission.

In previous testimony, Cathcart had told the Crown that he had “difficulties” locating the gas pipeline because of changes in the direction of the main.

Adding that “there was a change in the gas main at that time ... the gas main physically changed direction ... I had trouble picking up the gas ... the signal became unstable.”

In response to the Crown’s question about “markings” indicating that locates at the dig site was complete, Cathcart replied, “Once I passed that change in direction, I made the decision that I was going to stop there that day.”

Lawyers for Warren Bitulithic Ltd. are expected to question Cathcart after Enbridge’s legal representatives wrap up their cross examination.

If convicted each company could face a maximum fine of $1 million.

The case will remain in the Courts until July 31, 2006, when it breaks, with an expected resumption date in September 2006.

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