R v Greater Sudbury (City) – A Warning To Construction Project Owners

The Ontario Occupational Health and Safety Act (the "Act") stands as a cornerstone of health and safety legislation in Ontario. The Act protects the well-being of workers across various industries by establishing clear guidelines and responsibilities for employers, contractors, and other workplace entities.

However, in the modern landscape of increasingly complex construction projects and multi-level contractual arrangements, it can be difficult to determine which party holds responsibility for ensuring worker safety under the Act.

The assumption that liability rests solely with the entity that has the most immediate, direct control over the workplace conditions has been rebuked by the Supreme Court of Canada in the recent decision R. v. Greater Sudbury (City), which sheds new light on the complex issue of overlapping duties between employers and contractors under the Act.