“Part of the evidence was that the signaler, who was also the bulldozer operator, had been smoking marijuana but that wasn’t the issue,” Keith tells AdvocateDaily.com. “The issue was that the ministry charged Trisan, the company, when it should have charged the dump truck driver.
“The driver didn’t even work for Trisan, he worked for another company,” Keith adds.
“The Ministry of Labour took the view that the company was responsible for everything that happened in its yard, but the company could not have foreseen what happened,” Keith says.
“The problem is the ministry tends to blame the employer but the law doesn’t always follow that blame,” Keith says. “The company was facing a huge penalty in the realm of six figures so the stakes were high.”