Family of engineer who died at Nova Scotia Power reservoir 'will never be the same,' court hears

The family of an engineer who drowned in a Nova Scotia Power reservoir more than four years ago say they've struggled to move forward since the tragedy. 

Fifteen victim impact statements were read during a hearing Friday in Halifax provincial court in the case of Andrew Gnazdowsky, 26, who died in the Marshall Falls reservoir in Sheet Harbour, N.S., on Oct. 16, 2020. 

"I don't recognize my life anymore," Richel Gnazdowsky, Andrew's mother, told the courtroom. 

Glen Gnazdowsky, Andrew's father, said in his statement the fallout from his son's death has torn his family apart and they "will never be the same."

The victim impact statements were part of a two-day sentencing hearing for three companies convicted in relation to Gnazdowsky's death.

Nova Scotia Power, Brunswick Engineering and Consulting Inc. of Saint John — the company Gnazdowsky worked for — and Gemtec Consulting Engineering and Scientists Ltd. of Fredericton were found guilty in August for failing to have a rescue boat on site when he went into the water to try to retrieve a piece of malfunctioning survey equipment.

The focus of the sentencing hearing was for the court to hear the statements and for the Crown attorney and defence lawyers to make submissions on what penalties to the companies should look like. 

However, the victim impact statements were delayed after the lawyers for the companies raised concerns over the content of the statement prepared by Nicole Gnazdowsky, Andrew's sister.

Victim impact statement redacted

On Thursday, the defence lawyers asked Judge Elizabeth Buckle to review Nicole's statement, arguing there was so much inadmissible information in it that she should be given the opportunity to work with the court's victim services to rewrite it. 

Crown attorney Alex Keaveny agreed there were parts of the statement that the judge could not rely on when considering her sentence for the companies.

"This is unusual that I have to engage in this exercise," Buckle said on Thursday. 

The judge said she would vet the statement overnight and deliver a decision before the hearing continued Friday morning on what could be shared with the court. 

Buckle ultimately ruled significant portions of the statement would be redacted because those parts contain several purported facts that have not been proven. 

Nicole told the courtroom that her mental and physical health has deteriorated since her brother's death and only the outpouring of love for Andrew from family and friends has got her through it. 

Arguments for extent of penalties

The defence lawyers argued penalties to their clients should reflect the offence they were convicted of and nothing more.

The absence of a rescue boat didn't directly cause Andrew to die, said Brian Casey, the lawyer representing Brunswick Engineering. 

He argued Brunswick Engineering should be fined $45,000 for its role in the incident.

The fines should range from $30,000 for Gemtec Consulting to a maximum of $50,000 for Nova Scotia Power, according to the defence lawyers. 

Keaveny said a fine of that amount would be "totally meaningless" for a company as large as Nova Scotia Power and argued for a maximum fine of $200,000 that would act as a deterrent to other companies. 

Buckle is expected to deliver her sentencing decision on July 3.