One of the companies facing liability charges in the death of a construction worker is asking a Saskatoon judge to dismiss them from the case.
Construction supplier Pilosio Canada made an application for a direct verdict in the death of Eric Ndayishimiye, 21, who died when a metal table cart fell on him during the construction of the Jim Pattison Children’s Hospital.
Pilosio is charged with occupational health and safety infringements stemming from improper safety and training of equipment.
Its lawyer argued the contract it held was with Graham Construction and it gave them the cart and instructions on how to use it.
Graham Construction, which hasn’t been charged, subcontracted Banff Constructors for the hospital.
Pilosio said it was unaware that Graham allowed Banff to use the table and noted the table had modifications.
The Crown is opposed to the application.
The judge is set to address this application as well as an application to split the charges between the companies on Dec. 19.
The trial, which was supposed to last three weeks back in August, is expected to continue in 2020 and is scheduled to end in early April.