The moving party employer sought leave to appeal a conviction under the Occupational Health and Safety Act for failing to provide a signaller when a worker was injured by a reversing truck.
The employer argued that the regulation only applied if the vehicle was engaged as material handling equipment and challenged the regulation as unconstitutionally overbroad.
The Court of Appeal granted leave to appeal, finding that the proper interpretation of the legislative provision raised issues essential to the public interest in workplace safety.
