The Crown appealed the acquittal of a construction company on charges under the Occupational Health and Safety Act arising from the death of an employee struck by a reversing dump truck.
The trial court had directed a verdict of acquittal on one count and dismissed the remaining three counts.
The central issue was whether the company failed to ensure that a competent signaller assisted the dump truck operator in accordance with the applicable regulations.
The appellate court found that the trial court erred in concluding that the Crown had not proven the absence of a required signaller, as the evidence established that the deceased was not exclusively performing signaller duties and was not in full view of the truck operator.
The court set aside the acquittals and remitted the due diligence defence for reconsideration.
