Dealership seeks lower fine in worker's death

A car dealership says it should pay a fine of $30,000 for a fatal fire at its Nova Scotia repair shop, not the $150,000 record amount the Crown is asking for.

Kyle Hickey, 22, died the day after a fire ripped through the O'Regan's Collision Centre on Wyse Road in Dartmouthon March 13, 2008.

O'Regan Chevrolet Cadillac Ltd. has pleaded guilty to one charge under Nova Scotia's Occupational Health and Safety Act.

A sentencing hearing concluded Friday.

Crown attorney Jim Clarke is asking for a fine of $150,000 a record amount in the province. He said it's warranted because the company failed to ensure solvent barrels were grounded properly and did not give Hickey adequate safety training.

"It was impossible to determine exactlywhich source of ignition triggered thisevent," said Clarke."This wasan accidental fire caused by the improper storage and handling ofa flammable product."

That amount works out to about $10 per vehicle sold by the O'Regan group of companies last year, Clarke told Judge Pam Williams.

The $150,000includes a donation to Threads of Life, a support group for people who have lost relatives in workplace accidents. Another portion would be used to set up a scholarship or bursary in Hickey's name at the Nova Scotia Community College.

But the company's lawyerargued thata fine of $30,000 is sufficient.

Don Murray, who represents O'Regan,saidthe company didn't cause Hickey's death. Although the ungrounded container posed a real hazard, an investigation by fire officials was unable to determine what triggered the fire, he said.

The company's offer of $30,000 also includes a donation to Threads of Life.

"We respect there's a legal process and precedents for these things and we will respect the judge's decision whatever it may be," said Sean O'Regan, the company president.

"We will pay whatever the judge feels is appropriate."

Williams is expected to announce her decision on Dec. 8.