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ARTICLE · 25 APRIL 2025

Here's The Drill: R. v. Sudbury Wrap-Up: Essential Takeaways For Construction Stakeholders

WeirFoulds LLP
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The Ontario Court of Appeal has recently issued what appears to be a final decision in the R. v. Sudbury saga; an important line of cases shaping how industry stakeholders understand their health and safety obligations on construction projects in Ontario

CanadaLitigation, Mediation & Arbitration
Jeff Scorgie
Jeff Scorgie
Kathleen Gregus
Kathleen Gregus
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Background

The Ontario Court of Appeal has recently issued what appears to be a final decision in the R. v. Sudbury saga; an important line of cases shaping how industry stakeholders understand their health and safety obligations on construction projects in Ontario.1

The case arose from a tragic accident on a City of Sudbury (the "City") construction site on September 30, 2016. Both the general contractor, Interpaving (designated "constructor" under the OHSA), and the City were charged with violations of O. Reg. 213/91 (the "Regulation"), contrary to s. 25(1)(c) of the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 ("OHSA"). Interpaving pled guilty, while the City was acquitted after trial.

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