Ian R. Fummerton, owner and operator of ABI Trucking Inc., pleaded guilty to being a party to dangerous driving under section 249 of the Criminal Code.
The charge arose from his failure to ensure compliance by drivers with provincial hours of service regulations, permitting single-driver round trips between Thunder Bay and Toronto that could not be legally completed within regulated timelines, and condoning the use of multiple logbooks to falsify records.
This conduct created a significant risk to public safety, although Fummerton was not charged with causing the fatal accident that initiated the investigation.
The Crown sought 12 months imprisonment, while the defence argued for a conditional discharge or conditional sentence.
The court emphasized general deterrence and denunciation, finding that Fummerton's prolonged, persistent, and frequent disregard for safety regulations and economic motivation warranted incarceration.
