Kevin Sung joins our Calgary office as an Associate. Welcome to the team!

Mathews Dinsdale is delighted to announce the addition of its new Associate, Kevin Sung 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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