Andrew Gnazdowsky, a 26-year-old engineer with a New Brunswick company, died Oct. 16, 2020, in a mishap at Nova Scotia Power’s Marshall Falls reservoir in Sheet HarbourPublished Jul 03, 2025Last updated 4 hours ago5 minute readGlen Gnazdowsky, his wife Richel and their daughter Nicole pose outside Halifax provincial court Thursday after three companies were sentenced for safety violations in connection with the October 2020 workplace drowning of their son Andrew at Nova Scotia Power’s Marshall Falls reservoir in Sheet Harbour. Photo by Steve BruceArticle contentAndrew Gnazdowsky’s parents and sister shook their heads as they walked out of a Halifax courtroom Thursday after three companies were sentenced for safety violations that played a role in the young man’s 2020 workplace drowning.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle contentThe businesses – Brunswick Engineering & Consulting Inc. of Saint John, N.B.; Gemtec Consulting, Engineers and Scientists Ltd. of Fredericton; and Nova Scotia Power – were slapped with fines of between $45,000 and $80,000 and ordered to make $10,000 donations to the provincial labour minister’s education fund.Article contentArticle contentArticle content“I have mixed emotions,” Glen Gnazdowsky, Andrew’s father, said with wife Richel and daughter Nicole at his side.Article content“I’m pleased that there were convictions and that there were fines levied against all three companies. But as far as I’m concerned, the fines minimize the value of a life on the job, particularly for a company like Nova Scotia Power. Their fine is peanuts in the scheme of things. It’s just the cost of doing business for them.Article content“I’m disappointed in that respect. But I’m pleased … that there was recognition that there were things that should have been done by these three companies. And if they were done, it would have prevented this catastrophe from happening.”Article contentAndrew Gnazdowsky, a 26-year-old engineer employed by Brunswick, drowned Oct. 16, 2020, while working at Nova Scotia Power’s Marshall Falls reservoir in Sheet Harbour.Article contentArticle contentBrunswick had been subcontracted by Gemtec to do an underwater survey of a dam at the reservoir.Article contentGnazdowsky swam out into the water without putting on a lifejacket to try to retrieve a remote-controlled piece of floating equipment that had malfunctioned.Article contentThere was no rescue boat at Marshall Falls that day. The closest boat was a 10- to 15-minute drive away.Article contentGnazdowsky’s body was recovered the next day.Article contentThe provincial Labour Department laid a total of 16 Occupational Health and Safety Act charges against the three companies in March 2022.Article contentIn August 2024, provincial court Judge Elizabeth Buckle found all three defendants guilty of failing to ensure there was rescue equipment at the site.Article contentBrunswick was also found guilty of two additional charges for failing to implement safety procedures for working on water and for using remote-controlled survey equipment.Article contentThe conviction for failing to implement proper procedures for the survey equipment was stayed at sentencing.Article contentThe judge heard sentencing submissions and victim impact statements at a hearing in March.Article contentCrown attorney Alex Keaveny argued the safety violations caused the worker’s death, so the maximum penalty for each offence should be $500,000. He sought fines of $200,000 each for Brunswick and NSP and $100,000 for Gemtec and asked that the companies be ordered to make five safety presentations.Article contentLawyers for the companies maintained the offences only played a role in the fatality, therefore the maximum punishments should be $250,000. They recommended fines of $45,000 for Brunswick, $30,000 for Gemtec and $50,000 for NSP.Article contentIn her decision Thursday, Buckle said the Crown had not proven beyond a reasonable doubt that the acts or omissions that grounded the convictions were a significant contributing cause of the fatality.Article contentArticle content“Violations of occupational health and safety legislation are objectively viewed as serious offences,” the judge said.Article content“A young man tragically died here. In assessing proportionality, I will take into account the conduct that played some role in that death.Article content“That is not to suggest that the sentence can be proportionate to the loss of life. No penalty, much less a financial one, can ever make up for the loss of Mr. Gnazdowsky’s life or measure its value.”Article content Andrew Gnazdowsky, a 26-year-old engineer with Brunswick Engineering & Consulting Inc. of Saint John, N.B., drowned Oct. 16, 2020, while working on a project at Nova Scotia Power’s Marshall Falls reservoir in Sheet Harbour. Photo by FacebookArticle contentThe judge said the 15 impact statements submitted by Gnazdowsky’s family and friends were an integral part of the sentencing process.Article content“Other courts have commented on their value and the important purpose they serve,” Buckle said of impact statements. “They situate the offence in the context that only those most directly affected can (explain), they allow the court to receive relevant evidence directly from the people who have suffered loss, and they allow the consequences of a crime to be brought home to the offenders.Article contentArticle content“I have said this before in cases involving deaths, but it applies equally here. By reflecting on their pain and recording and exposing it publicly, these victims demonstrated a great deal of courage. … Their words matter to this process and they have helped me tremendously in my task.”Article contentShe said Gnazdowsky’s death had a psychological and emotional impact on his family and his community.Article content“Each of the people who provided statements knew him in a different way, experienced his loss in a different way,” the judge said. “There are consistent themes of grief, anger and a desire to have his death mean something.Article content“They will all miss his very special presence in their lives, and they will carry that loss and the circumstances of his death for the rest of their lives.”Article contentShe said Gnazdowsky was a young man who had overcome health challenges and was just starting his career and making plans for the rest of his life.Article content“He had a strong group of friends and was the glue that held them together,” Buckle said. “He worked hard. He was adventurous and enthusiastic about life. He was a generous friend, brother and son. The overwhelming theme of these statements is that Andrew loved well and was well loved.Article content“His mother expresses the hope that he could be remembered through a scholarship set up in his name. That is not something that I can order as part of this sentence. … However, I encourage these companies to think about that.”Article contentIn her analysis, Buckle said fines for workplace safety offences have to be substantial enough to “meaningfully accomplish” the objectives of sentencing.Article content“It must denounce the conduct, deter other companies from committing similar offences, promote a sense of responsibility in the offender and contribute to acknowledgement of the harm done,” she said. “It cannot be seen as the simple cost of doing business.”Article contentArticle contentShe said the fines proposed by the Crown were not supported by the case law.Article contentBuckle imposed fines of $80,000 on Brunswick, $45,000 on Gemtec, and $75,000 on NSP. Each fine was accompanied by a 15 per cent and a $10,000 donation instead of safety presentations, making the total financial penalties $102,000 for Brunswick, $61,750 for Gemtec, and $96,250 for NSP.Article contentOutside court, Nicole Gnazdowsky said the outcome of the court case was a “hard pill to swallow, for me.”Article contentShe said she is convinced that the companies were only charged because of her hounding of the Labour Department.Article content“I had to fight my ass off,” she said. “I had to fight really hard to get that to happen.”Article contentNicole’s next goal is to hold the RCMP accountable for their handling of the case.Article content“Yesterday, I filed a complaint with the civilian review board of the RCMP,” she said. “There was never any RCMP investigation. They turned the crime scene over before they even found Andrew.Article content“So that’s my next step. I’ve been working through the RCMP for the past year, trying to get accountability that way, because this doesn’t feel like a win.”Article contentRichel Gnazdowsky said she hopes something has been learned from her son’s death and that changes will come about.Article content“That’s what you want as a family,” she said, “because you don’t want to see any other family go through what we’ve been through. It’s been a nightmare.”Article content
Fines imposed in 2020 N.S. workplace drowning ‘minimize the value of a life on the job’: victim’s father
