The respondent employer was charged under the Occupational Health and Safety Act after a worker was fatally injured by a reversing dump truck while acting as both a signaller and a spreader operator.
The trial judge directed a verdict of acquittal, ruling that the Crown could not prove a failure to provide a signaller under section 104 of the Regulation by showing the signaller failed to perform the duties prescribed by section 106.
The summary conviction appeal court dismissed the Crown's appeal.
The Court of Appeal allowed the appeal, holding that sections 104 and 106 must be read together to promote the public safety purpose of the legislation, and ordered a new trial.
