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ARTICLE · 12 JULY 2021

"Owner" Of A Construction Project Can Also Be An "Employer" Under OHSA

McCarthy Tétrault
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In a recent decision Ontario (Labour) v Sudbury (City), the Ontario Court of Appeal ("ONCA") held that the "owner" of a construction project, the City of Greater Sudbury (the "City")...

CanadaEmployment and HR
McCarthy Tétrault Employer Advisor
McCarthy Tétrault Employer Advisor
Ben Ratelband
Ben Ratelband
Justine Lindner
Justine Lindner
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In a recent decision Ontario (Labour) v Sudbury (City)1, the Ontario Court of Appeal ("ONCA") held that the "owner" of a construction project, the City of Greater Sudbury (the "City"), was also an "employer" within the meaning of the Occupational Health and Safety Act (the "OHSA" or the "Act") with the statutory duties of an employer to ensure health and safety at the workplace.

Background

A member of the public tragically died after being struck by a road grader while crossing a street being repaired on a construction project in downtown Sudbury. The woman had been struck by a grader driven by an employee of the general contractor, Interpaving Limited (the "GC"). The City, as the owner of the project, had contracted with the GC to complete the construction. It was a term of the contract that the GC assumed the role of "constructor" for the project, with overall responsibility for health and safety. The City employed inspectors at the project site to monitor

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