Overview
The Ontario Court of Appeal decision in Ontario (Labour) v. Sudbury (City) has raised considerable uncertainty for construction project owners, including cities and municipalities, and represents a significant deviation from how the Ontario Occupational Health and Safety Act has been viewed to date by owners, contractors, constructors and employers in Ontario. The decision is under appeal to the Supreme Court of Canada, where argument was heard by the Court on October 12, 2022.
While parties in Ontario (and across Canada) anxiously await the Supreme Court of Canada’s decision, they would nevertheless be wise to understand the current state of play in light of the Ontario Court of Appeal decision, and the potential impact it has on their projects and their responsibilities under the Act.
Members of Osler’s Construction and Litigation and Employment and Labour teams hosted an important 30-minute webinar on Wednesday, November 23, 2022, to discuss the case and its potential impact for project owners.
During this information session Osler experts:
- provided an overview of the case, lower court and Ontario Court of Appeal decisions, and recent arguments heard by the Supreme Court of Canada
- discussed implications for project owners, including cities and municipalities, and “employers” under the Ontario Occupational Health and Safety Act
- discussed how the case may impact construction contracts going forward