The defence for a Lakeshore father charged in a deadly train-minivan crash is arguing original evidence wasn't preserved.
31-year-old Andrew Williams is charged with seven counts including criminal negligence causing death and dangerous operation of a motor vehicle in the crash on Strong Road which killed his two young daughters.
Witnesses have completed their testimony in the trial but the defence put forth a motion to have the charges stayed.
The defence claims CP Rail failed to preserve vital evidence in the case as some original recordings are missing.
Williams was charged 14 months after the crash.
Defence lawyer Laura Joy also questioned how CP could be neutral when looking into a train crash.
Williams testified he didn't see the train until it was too late, but the crown argues Williams did in fact see the train, but decided to try and beat it and failed.
Williams's two daughters, aged 6 and 3, were killed in the crash in June 2012.