The long-awaited Supreme Court of Canada decision in Ontario (Labour) v Sudbury (City) addressing the overlapping duties of owners, constructors, and employers regarding occupational health and safety on construction projects in Ontario was published this morning. In a split decision dismissing the appeal from the decision of the Ontario Court of Appeal, the SCC held that a project owner, the City of Sudbury, which had contracted with a third party constructor to undertake a construction project, still retained overlapping duties as an "employer" to ensure worker health and safety in the workplace in accordance with the Occupational Health and Safety Act. The SCC's decision contains analysis respecting the due diligence defence that may be available to employers on a construction project, against which we anticipate it will be important for organizations to evaluate their current due diligence measures. The decision is here.
This decision will have significant ramifications for owners and other workplace parties on construction projects. We previously summarized the earlier Ontario Court of Appeal decision in the matter (here) and will publish a full analysis of the Supreme Court decision and its impact very shortly.
In the interim, if you have any questions regarding how this decision may impact your operations, please don't hesitate to contact us.
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