Judge grants leniency for guilty pleas, lesser responsibility

By Daryl Slade, Calgary Herald

Choudhury operated under the business name Oh! Calcutta

CALGARY — There was no sympathy on Tuesday for a co-owner of a company that operated a southwest restaurant that repeatedly violated Public Health Act regulations and endangered the health and safety of customers.

“It is clear that your pursuit of financial benefit was put ahead of your consideration of the rights and the human dignity of those residents of the premises and the food safety of the customers of the restaurant,” provincial court Judge George Gaschler told Salauddin Choudhury before meting out $26,450 in fines.

“This is utterly deplorable and deserving of the strong sanction that has been recommended to the court.”

Court heard the second-floor and basement suites had been condemned as unfit for human habitation because of numerous safety infractions, including windows far too small for emergency egress, massive mould, a leaking roof and some 15 to 20 centimetres of raw sewage on the basement floor from a sewage backup.

Gashchler then recommended the joint sentencing submission presented by prosecutor Rob O’Neill and defence lawyer Rob Bagga.

Choudhury, co-owner of Oh! Calcutta, which operated the Wicked Chili restaurant at 507 17th Ave. S.W., had spent a week in jail after failing to show up for his trial on April 16.

He remained in custody so he would attend his trial starting on Monday but, after meeting with Bagga just after O’Neill had begun his case, he changed his mind and pleaded guilty to 20 charges related to the restaurant, two suites upstairs and another in the basement.

Calendino’s helpers were undocumented and unqualified.

Daycare series: Do you know where your children are?
Unprecedented discovery at Surrey family daycare reveals weaknesses of licensing system
By GILLIAN BURNETT, Vancouver Sun September 11, 2011

A daycare at 16667 24th Ave. in Surrey was shut down after officers found it was operating ‘in a manner that has the potential to have a serious negative impact on the health and safety of children.’
Photograph by: Nick Procaylo, PNG

METRO VANCOUVER — When two licensing officers knocked on the door of the Grandview Heights family daycare in Surrey last fall, they were conducting a routine investigation. Both had previously inspected the facility in the 11 years it had been licensed, and knew its operator, Anna Calendino, from earlier visits.

Nguyen Thi Thu with her son Michael Phan in hospital, six months after he suffered severe brain damage after inhaling noxious fumes at a Langley mushroom farm. Photograph by: .., Handout photo

Langley mushroom farm owners unaware of occupational health and safety laws, court told
By NEAL HALL, VANCOUVER SUN September 16, 2011

The owners of a Langley mushroom farm where three men were killed by poison gas in 2008 were unaware of occupational health and safety laws but advised workers to be careful on the job, Surrey Provincial Court was told Friday.

Michael Phan, with wife Phuong Lee and her brother Arthur Le, suffered brain damage after being overcome by toxic gas trying to save others. Photograph by: Ian Smith, Vancouver Sun Files, Vancouver Sun

Two companies, three men plead guilty in connection with mushroom farm incident
Victim’s daughter says family hopes jail time is imposed after 3 killed, 2 permanently injured
By Neal Hall, Vancouver Sun May 14, 2011

Two companies and three men pleaded guilty Friday to failing to ensure the health and safety of three Langley mushroom-farm workers who died in 2008 and two others who suffered brain damage.