Trucking association president says lawsuit could clarify a ‘complicated piece of law’

The outcome of a lawsuit filed in British Columbia could impact regulations governing the trucking industry, according to one industry expert.

On Feb. 5, Chohan Freight Forwarders Ltd. filed a petition with the Supreme Court of British Columbia in an attempt to overturn a provincial suspension of the company’s safety certification.

The suspension, which went into effect following a December crash, has grounded the company’s 65-vehicle fleet since Dec. 28. According to the company, the suspension along with the ensuing media coverage has caused “reputational harm” and financial losses in excess of $1 million per week.

In its petition, Chohan said the driver – a leased on owner-operator – ignored the company’s warnings about the oversized load, which led to the crash. The driver submitted an affidavit to Chohan accepting responsibility for the crash and was terminated.

David Earle, president and CEO of the British Columbia Trucking Association, said this aspect of the case may help to clarify the distinction between independent operators and company drivers when it comes to safety and culpability.

“It’s a really complicated piece of law … We may get some insight into how the courts are going to approach that issue,” Earle told Canadian Occupational Safety.

The trucking company’s suspension came two weeks after the British Columbia government announced increased fines and stricter penalties for carriers involved in infrastructure crashes. According to officials, fines under the new system are the highest of their kind in Canada.

“This needs to stop,” the province’s Ministry of Transportation and Infrastructure said following the suspension. “We know that the vast majority of commercial drivers in B.C. operate safely and responsibly. However, some operators are not getting the message.”

That sentiment was echoed by Earle, who said the seriousness of these incidents shouldn’t be overlooked.

“It’s unbelievably serious when you consider that these issues … not only cause serious traffic disruption … (but also) are really potentially catastrophic events,” he added.

The December infrastructure crash was the company’s sixth in the past three years, causing British Columbia Premiere David Elby to call Chohan “one of the worst offenders.” In response, the company pointed out this was its first incident since June 2022, when a revised safety plan was put in place following a separate suspension.

In its petition, Chohan claimed to have been fully cooperative with Commercial Vehicle Safety and Enforcement’s investigation into the crash. Despite this, the company said the province has not provided it with a written notice of cancellation, which it will need prior to filing an appeal.

Attorneys for the company said the suspension is “unreasonable,” adding that the provincial government has told the company a formal notice is coming but has given no timeline.

“It’s one of the privileges that we all have living in the country that we do is that if you disagree with what government’s doing, you have other actions to take,” Earle said.

As of the afternoon of Feb. 15, the province’s Ministry of Transportation and Infrastructure could not provide Land Line with a comment regarding the pending litigation.

The petition originally was scheduled to be heard on Feb. 9 but was rescheduled and now is due back in court Feb. 20. LL