Michelle Krsek - Official Website

Two companies facing regulatory charges after fallen construction material killed a young Calgary girl in 2009 have pleaded guilty.

Flynn Canada and Germain Residences entered the pleas in court Monday; a charge against a third company, Grenville Germain Calgary Ltd., was withdrawn. All three companies had previously pleaded not guilty to one count each under the Alberta Safety Codes Act.

On Aug. 1, 2009, three-year-old Michelle Krsek was killed as she walked as her family on 9th Avenue when sheet of metal fell from a downtown construction site.

According to an agreed statement of facts entered in court Monday, workers with Flynn didn't properly screw a stack of sheet metal to secure it to the roof of the Le Germain project when they left the site July 27. Of seven one-inch sheet metal screws used to secure a 552-pound bundle of steel, only four penetrated the roof deck.

If Germain officials had inspected the site, the improperly secured stack of steel deck sheets would have been apparent, according to the statement.

"Germain failed to physically go on to the roof to carry out an inspection to discover the steel deck sheets, failed to ensure that the stack had been safely and properly fastened, and failed to take any steps to have the stack removed and disposed of," the document stated.

"As the party responsible for the installation of the steel decking, Flynn failed to carry out an inspection of its work site prior to ceasing work at the Germain building," the document added.

Representatives from Flynn and Germain expressed condolences to the Krsek family in court Monday and said their companies have worked to improve site safety measures since Michelle's death.

Michelle, who was almost 4, her brother Erik, 6, and parents Miroslav and Mariana were walking eastbound along 9 Avenue at Centre Street when the stack of steel deck sheets were swept off the Germain roof in a windstorm. Michelle was killed instantly as a result of blunt force trauma to the head. Erik was injured in the legs and lower body. Miroslav was knocked unconscious and critically injured.

Other construction debris was dislodged from the site that evening, including a large chunk of concrete which nearly struck a Calgary police officer who responded to the scene, according to the statement in court Monday.

Eight firefighters spent two hours securing loose building material on exposed floors of the Germain Building, including metal roofing material, scrap lumber, and pieces of plywood and drywall, which were "strewn about and susceptible to falling off the Germain building," the document stated.

Michelle Krsek's parents weren't present in court Monday.

The city is recommending that the Judge Gerald Meagher impose the maximum fine under the Alberta Safety Codes Act of a $15,000 fine each.

City lawyer Christopher Archer pointed out the amount of time that lapsed between the Flynn crew leaving the site on July 27 and the windstorm on Aug. 1 that the steel was unattended on the roof.

"This was not a momentary oversight," he said. "This is a negligent act that took place in a heavily populated area.

"It is foreseeable that materials falling off a building could land on someone and kill them."

City lawyer Ola Malik noted the charges are a regulatory offence, not a criminal one, and that they are the only recourse available to the city.

He said that the maximum fine of $15,000 is "insignificant, given what has occurred ... trivial, to say the least."

He described the loss and pain of the Krsek family as unimaginable.

"It really is a loss to the city," he added. "It reminds us in very stark terms how fleeing our safety is, especially when we put the safety in the hands of others."

jkomarnicki@calgaryherald.com

Twitter:@jamiejk