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.
Read moreCanada does not currently have modern slavery legislation in force prohibiting the importation into Canada goods produced by forced or child labour. New legislation was introduced this year in the Senate in an attempt to affirm Canada’s international commitment to fight against modern slavery.
Read moreTime to review your COVID-19 workplace screening practices. The Ontario Chief Medical Office of Health has issued an update and further developed the workplace COVID-19 Screening tool for businesses and workers.
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