Three years after a dynamite blast sent rocks crashing into homes and properties in the Lobird Trailer Court, and almost a year after being found guilty of permitting the unsafe blast on the Hamilton Boulevard extension project, the Yukon government is asking for a new trial.

During a day-long hearing Monday, Sarah Hansen, a Department of Community Services lawyer, argued the decision of territorial court judge John Faulkner sets a dangerous precedent for property owners who hire contractors to do work for them.

By naming the government as a "constructor” rather than an owner, the judgment threatens to "turn the Occupational Health and Safety Act on its head,” Hansen said, because it would make owners responsible for constantly monitoring the contractors they hire.

In turn, that could leave contractors with the impression they are not responsible for site safety, she said.

"As an owner, you'd have to have tailgate meetings and as an owner, you'd be responsible for occupational health and safety,” Hansen argued.

Yukon Supreme Court Justice Leigh Gower seemed to think the Vancouver-based lawyer was making an illogical leap by assuming every owner would be held to the same standard as the territorial government, which employed an onsite engineer and inspector, who checked the daily blast plans before they were carried out.

Hansen went on to argue that if Gower does not grant the government a new trial, he should permit fresh evidence in the appeal.

Normally in an appeal, the parties can only argue points of law, not bring new information to the table.

The original trial, and now the appeal, spring from a May 6, 2008 blast which sent bread-box sized rocks flying into the Lobird neighbourhood.

Blaster Peter Hildebrand, who pleaded guilty to conducting an unsafe blast, told the trial judge he had no idea how close the trailer court was to the blast site, and stated as much on the plans he submitted to the government overseer.

No blasting mats were used on the site, as required by the government's own regulations, the court heard, and the blast conducted that day was the largest Hildebrand had ever attempted.

As Faulkner said in his decision on the case, it was a miracle no one was injured when dozens of rocks rained down on Lobird, crashing through one family's living room ceiling, destroying fences and smashing the limbs off trees.

Last May, the Community Services department, contractor PS Sidhu Trucking and site supervisor William Cratty were all found guilty of allowing an unsafe blast and failing to immediately report the incident to an occupational health and safety officer.

Cratty was fined $2,500, the trucking company $21,000, and the government $30,000. All the fines were ordered to be paid to the Northern Safety Network Yukon for safety courses and projects.

The government was the only convicted party at Monday's hearing. Although both PS Sidhu and Cratty have filed an appeal of Faulkner's decision, the government is the only one asking for a new trial.

Lenore Morris, prosecutor and lawyer for the workers' compensation board, said the government should not be allowed to try a new defence strategy at a new trial.

Furthermore, she said, it is unrealistic for the government to say it does not understand Faulkner's reasoning, because the judge explained his thought process on several occasions throughout the trial.

Finally, she argued, Gower should reject the government's request to enter new evidence in the appeal.

"It is not fresh,” she said. "It is only freshly being considered as relevant.”

Gower did not come to a decision Monday, nor did he say when he expects to rule on the case.