Ontario Court Upholds Sudbury’s Acquittal on OHSA Charges

In a pivotal decision, the Ontario Superior Court of Justice upheld the acquittal of the City of Sudbury (the “City”) on Occupational Health and Safety Act (OHSA) charges. The case stemmed from a tragic incident in which a pedestrian was struck and killed by a road grader during a construction project overseen by the City. Although the Supreme Court of Canada had previously classified the City as an “employer” under the OHSA, the Superior Court ruled that the City exercised due diligence, absolving it of liability for the fatality.

The ruling brings relief to construction project owners, clarifying that while an owner can be considered an employer under OHSA, a well-documented due diligence defence-such as selecting experienced contractors, evaluating their compliance, and monitoring project safety-can shield them from liability. The court emphasized that the City had delegated control of the project to a qualified contractor and took reasonable steps to oversee safety measures, including inspections and meetings with the contractor.

To read the full decision, visit: https://canlii.ca/t/k6lm1