City of London's trial in snowplow worker's death begins

The trial against the City for London over the death of Malcolm Trudell, the 26-year-old man killed while operating a snowplow, has begun.

Trudell was clearing the intersection of Colborne and York streets when he was fatally struck by a freight train on the morning of Jan. 9, 2018.

The city faces charges of failing to take every precaution reasonable to protect a worker and failing to provide information, instruction and supervision to a worker. Both charges are under the Occupational Health and Safety Act.

At the provincial offences court on Dundas Street, Justice of the Peace Susan Hoffman will hear the details of how the morning of Jan. 9, 2018 unfolded for Trudell.

A Ministry of Labour investigator testified Tuesday morning that evidence puts Trudell on the eastern side of Colborne and York streets, blowing snow in the direction of the incoming train. There was no arm restriction on the sidewalk that would block access to the tracks in case of a train.

According to a Transportation and Safety Board report, Trudell had been awake for almost 24 hours by the time he was killed. For 12 hours that day, he was working to clear the more than 10 centimetres of snow that had accumulated in the city.

He was employed by a sub-contractor, Wee Bee Contracting, at the time. Jackson Pools was contracted by the city to clear sidewalks, and in turn, contracted Wee Bee to help with snow-clearing operations.

Both companies pleaded guilty tocharges under the Occupational Health and Safety Act.

Wee Bee Contracting wasfined $15,000 plus a 25 per cent victim fine surcharge, while Jackson Pools has been fined $60,000 plus a 25 per cent victim surcharge.

Seven days have been designated for the trial. At the end, the Justice will rule whetherthe city holds any responsibility over Trudell's death.