Legislative Newsflash: Sudbury Case

The Legislative Newsflash discusses a recent decision by the Court of Appeal for Ontario in the case of Ontario (Labour) v. Sudbury (City). The case involved a tragic incident where a woman was struck and killed by a road grader operated by a third-party construction company hired by the City of Sudbury for a road repair project. Both the construction company and the City were charged under the Occupational Health and Safety Act (OHSA) for breaching their duties as employers. Initially, the charges against the City were dismissed, but the Court of Appeal later ruled that the City was considered an employer under the OHSA due to its own employees being present and performing tasks at the project site. This decision has implications for condominium corporations that use their employees in construction projects on their property, as they could be potentially liable as employers in case of any serious injury or death related to the project.