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ARTICLE · 10 MARCH 2022

Construction Owners Take Note: Supreme Court Will Rule On Important OHSA Issue

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In Ontario (Labour) v Sudbury (City),[1] the Ontario Court of Appeal recently held that a construction owner may be liable for violations of Ontario's Occupational Health and Safety Act...

CanadaReal Estate and Construction
Catherine Phelps
Catherine Phelps
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In Ontario (Labour) v Sudbury (City),1 the Ontario Court of Appeal recently held that a construction owner may be liable for violations of Ontario's Occupational Health and Safety Act (the “OHSA”) on a construction project as an employer. On December 9, 2021, the Supreme Court of Canada granted leave to the City of Sudbury (the “City”) to appeal this notable decision.

The Facts

In 2015, the City entered into a contract with a general contractor, Interpaving Limited (“Interpaving”), to repair one of the City's water mains. While the City was the owner of the construction project, the contract between the City and Interpaving stipulated that Interpaving would assume control over the entire project, including ensuring that all health and safety requirements under the OHSA were met.

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