R. v. Greater Sudbury (City)
HIS MAJESTY THE KING IN RIGHT OF ONTARIO (Ministry of Labour, Immigration, Training and Skills Development)
Corporation of the City of Greater Sudbury
Law Firm / Organization
Stringer LLP
Lawyer(s)

Ryan J. Conlin

Background

  • 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

  1. 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.
  2. Delegation: The City lacked expertise as a constructor and reasonably delegated these duties to Interpaving, ensuring their capability through prior experience.
  3. 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.
  • No monetary award specified.
Superior Court of Justice - Ontario
CR-21-195-AP
Labour & Employment Law
Respondent