Project owners as employers under the OHSA and other implications of the SCC’s R. v Greater Sudbury (City) decision

On November 10, 2023, the Supreme Court of Canada released its decision in a landmark case that deals with the actions that may qualify a project owner as an “employer” under Ontario’s Occupational Health and Safety Act: R. v. Greater Sudbury (City), 2023 SCC 28. The split decision of the Supreme Court of Canada means the Ontario Court of Appeal’s decision remains in place and has the potential to significantly increase liability for workplace safety for project owners.

Members of Osler’s Construction and Infrastructure, Litigation and Employment and Labour teams discuss the case and its potential impact for project owners.

During this information session Osler experts will:

• provide an overview of the case, lower court and Ontario Court of Appeal decisions, as well as the recent Supreme Court of Canada decision
• discuss implications for project owners, including cities and municipalities, and “employers” under the Ontario Occupational Health and Safety Act
• discuss how the case may impact the drafting of procurement documents and construction contracts going forward