Is North American Produce liable or penally liable for the death of a pallet truck driver?

The following issues arise in this sentencing hearing: (a) Should all harm that actually results from the workplace accident that injured the worker be attributed to North American Produce, for sentencing purposes, or should there be a limit on the consequences that can be fairly taken into account? (a) For determining the appropriate penalty or fit sentence, should North American Produce be penally liable for the death of its worker or only for the crushing leg injury that the worker suffered at the time of the accident? (b) Should this court for the purposes of sentencing for a regulatory offence adopt the legal causation test in Smithers v. The Queen to determine whether North American Produce should be penally liable or culpable for its employee's death or should a different causation test or analysis be used? (d) Is there a causal connection between North American’s prohibited act or failure to train or inform its employee on the proper and safe operation of a powered pallet truck and the employee’s death? (e) Has there been an intervening and independent act or event that could have been the cause of the worker’s death? 4. RELEVANT PROVISIONS UNDER THE O.H.S.A.