Mathews Dinsdale is delighted to announce the addition of its new Associate, Allison Wight to the Firm’s Calgary office. Welcome to the team!
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OHS & Workers’ Compensation Advisor
Out From Under the Microscope: City of Sudbury Was Duly Diligent in Road Grader Accident
On August 23, 2024, the Ontario Superior Court of Justice (the “SCJ”) dismissed the Crown’s appeal against the trial finding that the City of Greater Sudbury (“City”) had exercised due diligence and should be acquitted of charges under the Ontario Occupational Health and Safety Act (“OHSA”). The decision is important and has been long- awaited by construction project owners and general contractors after the uncertainty created by the Supreme Court of Canada’s November 10, 2023, decision in this case. That decision provided a list of potential due diligence factors applicable when an “owner” of a construction project is also an “employer” of workers, such as its own construction quality control inspectors, and held the amount of control an employer exercises over a workplace, is a factor in assessing whether all reasonable care was exercised. Overall, the SCJ decision is a positive one for “owners” and “employers” and provides some helpful takeaways and guidance which we explore below.
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In-Depth Analysis
Employers’ Advisor September 2019
In this issue: Public Sector Wage Restraint Legislation in ON; Childcare Choices and Family Status; Public Inquiry Into the Wettlaufer Case Results.
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COVID-19
Ontario Enters Step Three of Reopening Plan on July 16, 2021
All services, which were open under Step Two, such as construction, remain open under Step Three. Masking and physical distancing requirements remain in place throughout Step Three.
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