A fatality occurred on September 30, 2016, during a construction project in Greater Sudbury.
The City contracted Interpaving Limited for repairs, designating them as the project "constructor" under the Occupational Health and Safety Act (OHSA).
The Ministry of Labour charged both parties under the OHSA. Interpaving pleaded guilty; the City was acquitted.
Prior appellate courts addressed the City’s role as an employer under OHSA and its exercise of due diligence.
Key Legal Issue
Whether the City exercised due diligence, which would exempt it from liability for OHSA violations.
Arguments
Crown: The City retained control over the project and failed to exercise due diligence.
City: Delegated responsibility to a qualified contractor (Interpaving) and acted diligently to oversee compliance.
Court Findings
Control Over the Workplace: The City retained contractual rights but did not exercise them in a manner that would amount to control over the workers or workplace.
Delegation: The City lacked expertise as a constructor and reasonably delegated these duties to Interpaving, ensuring their capability through prior experience.
Monitoring: The City took steps to supervise the contractor’s compliance (e.g., addressing complaints, monitoring traffic issues, and conducting inspections).
Conclusion
The trial judge found the City acted with due diligence and made no palpable or overriding errors.
The Ontario Superior Court of Justice dismissed the appeal, maintaining the City's acquittal.
