The appellant employer was charged under the Occupational Health and Safety Act after an employee was injured by a reversing truck unit that did not have an attached trailer.
The trial judge acquitted the employer, finding the truck was not 'material handling equipment' under s. 56 of the Industrial Establishments Regulation.
The summary conviction appeal court overturned the acquittal.
On appeal, the Court of Appeal restored the acquittal, holding that s. 56 applies only to vehicles that constitute material handling equipment, and not to road vehicles that are not actually or typically used to handle materials.
