The applicant, the owner and operator of a trucking company, sought certiorari to quash his committal to stand trial for criminal negligence causing death.
The charge arose after one of his drivers, who had been driving in excess of permitted hours and falsifying log books, crossed the center line and caused a fatal collision.
The applicant argued there was insufficient evidence that he was the directing mind of the company or that his actions contributed to the collision.
The Superior Court of Justice dismissed the application, finding there was sufficient circumstantial and direct evidence upon which a reasonable jury, properly instructed, could convict the applicant as a party or principal to the offence.
