Halifax Port Authority guilty of violating labour code in truck driver's death

A Nova Scotia provincial court judgehas found the Halifax Port Authority guilty of violating the Canada Labour Code in an incident that killed a truck driver in July 2018.

Michael Wile drowned when his truck fell into the Bedford Basin while he was dumping a load of pyritic slate at the Fairview Cove Sequestration Facility.

The facility is owned by the Halifax Port Authority (HPA), but was managed by contractor David Seaboyer, the sole employee of his company,SiteLogic Construction Management Inc.

Seaboyer pleaded guilty to four charges under the Occupational Health and Safety Act related to the incident.

At the time of the incident, there was no bump barrier at thedrop-off into the harbour, and no spotter working to direct drivers.

At least one of those safety measures was required by the Canada Labour Code.

Lawyers for the port authority argued that HPA was exempt from the code in this case because neither Seaboyernor Wile were employees.

They also argued the FairviewCove facility was not a port authority workplace because it was not under HPA supervision at the time of the incident.

Judge Elizabeth Bucklerejected these arguments.

She said Seaboyer was a de facto port authority employee, and that as owners of the site, safety measures were required to protect everyone, not justemployees.

A sentencing hearing is scheduledfor late July.