The Crown charged Dansway Logistics Inc., as owner of a commercial motor vehicle, with failing to ensure performance standards were met pursuant to section 107(3) of the Highway Traffic Act.
The charge arose from an inspection on September 18, 2017, at the Vineland truck inspection station where Officer Fear identified several mechanical defects including loose fasteners on the suspension system and an allegedly inoperative fifth axle brake.
The defendant's mechanic, Gary Nott, subsequently inspected the vehicle and found that the fasteners were not loose and that the brake specifications were within acceptable parameters.
The court found reasonable doubt regarding the Crown's evidence due to incomplete notes, gaps in the officer's recollection, and conflicting expert evidence, and dismissed the charge.
