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ARTICLE · 22 NOVEMBER 2023

What's Control Got To Do With It: Construction Owners Are Employers Under The OHSA

Lenczner Slaght
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On November 10, 2023, when the Supreme Court of Canada ("SCC") released their decision in R v Greater Sudbury (City).

CanadaLitigation, Mediation & Arbitration
Kate Costin
Kate Costin
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On November 10, 2023, when the Supreme Court of Canada ("SCC") released their decision in R v Greater Sudbury (City), the internet responded with widespread panic because, for the first time, the Court has confirmed that a project owner is an employer under Ontario's Occupational Health and Safety Act ("OHSA" or the "Act").

While, on its face, this appears to be a substantial change, based on the Court's decision it is unclear what practical impact this shift will have.

Fact

The Corporation of the City of Greater Sudbury (the "City") contracted with Interpaving Limited ("Interpaving") to repair a water main and repave streets (the "Project"). In the course of the Project, a pedestrian was killed after an Interpaving employee reversed through an intersection on a road grader.

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