Ontario Provincial Police have charged a discredited engineer in connection with the fatal roof collapse of the Algo Centre Mall in the northern community of Elliot Lake.
Det. Supt. Dave Truax announced Friday morning that an engineer who was involved in the inspections of the mall, the parking deck and the attached hotel is facing charges related to criminal negligence causing death and bodily harm.
Robert Wood, 64, inspected the mall 10 weeks before it collapsed in June 2012, and deemed it structurally sound. Wood is facing previous charges under the province's health and safety laws that were laid last April by the Ministry of Labour.
Two women, Doloris Perizzolo, 74, and Lucie Aylwin, 37, died after part of the parking deck in the mall collapsed. A third person suffered upper body injuries, but has since recovered.
Truax described the criminal investigation as being "complex," requiring collaboration with third-party engineers, contractors and forensic specialists.
"Obviously, this was a unique, complex and challenging investigation which took considerable time to process evidence and being precise in the application of criminal law," he said.
When asked if there was the possibility that further charges may be laid, Truax declined to comment, only stressing that the investigation is ongoing. He gave no timeline on when the criminal probe might wrap up.
A judicial inquiry into the collapse heard from 125 witnesses over 117 days, before wrapping up in October. The inquiry's report is due before the end of October 2014.
During the proceedings, the inquiry heard that issues had been raised in the past over a leaking problem at the mall.
However, no one ever thoroughly corrected the problem because it was too expensive, leading to years of salt and water damage that caused extreme rusting, the inquiry was told. It is believed that a single weld gave away, leading the roof of the parking deck to come crashing down.
The inquiry heard about multiple accounts of Wood's involvement in the mall inspections.
In 2011, Wood was cited as telling a prospective buyer for the Algo Centre that it would cost $1.5 million to fix the roof. He reportedly told the interested party that the mall would have to be fixed or the roof would cave in. But during the inquiry, Wood said he couldn't remember having the conversation.
Then in May 2012, Wood told the mall's owner that the building’s steel supports were rusting, but were "structurally sound," the inquiry was told.
Wood later admitted to changing his final inspection report from May 3, 2012, after he had signed off on it. The changes included removing photos showing steps mall employees had taken to collect leaking water, and a reference to an "ongoing" leakage. The changes were requested by the mall owner, he told the inquiry.
Wood was stripped of his engineering licence in 2011, after he admitted to misconduct not related to the Algo Centre. He was still able to practise as a "graduate" engineer, but had to comply with certain restrictions.
Another issue that was raised during the inquiry was the fact that the search and rescue efforts were called off after signs of life were detected amid the rubble.
Two days after the roof collapsed, the head of the heavy urban search and rescue team told then Premier Dalton McGuinty that the building was too unstable for workers to continue the search.
Autopsy reports showed that Perizzolo died quickly, but Aylwin is believed to have lived longer.
Wood, who hails from Sault Ste. Marie, Ont., has been charged with two counts of criminal negligence causing death, and one count of criminal negligence causing bodily harm. He is scheduled to appear in court in Elliot Lake on March 25.
Families will feel 'some sense of justice': lawyer
Roger Oatley, the lawyer heading civil lawsuits on behalf of the families of Perizzolo and Aylwin, said his clients will feel a sense of vindication from the new charges.
"It's been a very, very difficult time for them, but any degree of resolution that they experience from any legal proceedings against the parties who are responsible will be very much appreciated by the families," he told CTV News Channel.
Earlier in January, the lawsuits were expanded to name additional defendants, including Elliot Lake's Mayor Richard Hamilton, the former mayor and former owners of the mall.
The city of Elliot Lake, the Ontario Ministry of Labour, Wood's engineering firm and the owners of the mall at the time of the collapse were the original defendants named in the suits.
Oatley said the families are interested in knowing what each party may have known about the mall before it collapsed, and if they "turned a blind eye" toward the mall's condition over the years.
With files from The Canadian Press
