Ontario Court of Appeal Expands Potential Risk to Owners, Employers

April 29, 2021

From our partners at Mathews, Dinsdale & Clark LLP:

On April 23, 2021, the Ontario Court of Appeal issued its decision in Ontario (Labour) v. The City of Greater Sudbury. It is a decision that could dramatically increase Occupational Health and Safety Act (OHSA) liabilities for owners and employers on construction projects.

The Court found that, because the City employed quality control inspectors who had been attending the project, the City was legally responsible as employer for ensuring OHSA compliance on the project, and to exercise reasonable care. No equitable factors such as control or the City’s role in respect of the project were considered, and what might be reasonable in these circumstances has yet to be determined. All owners and employers in construction should be aware of this decision as it could require immediate changes to the approach to, and organization of, construction projects.

 

To read the full article click here.

 

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