b'LegalA New (Final?) Chapter in the R v City of Sudbury SagaCity acquitted of all OHSA charges because it exercised due diligenceThefollowingarticleisre- ary2024 newsletter,hasattractedThisiswelcomereliefforcon-printedwithpermissionfromconsiderableattentionandcon- struction project owners across the By Daniel Averbach and Luiza VikhnovichSherrardKuzzLLP.Theorigi- cern because the Supreme Court ofprovince. So, lets take a closer look nalbriefingcanbefoundontheirCanada found the City, a construc- at what the City did to meet the test websiteatsherrardkuzz.com/ tion site owner, was also an em- of due diligence.newsblast/a-new-final-chapter-in- ployer under the OHSA and, in so the-r-v-city-of-sudbury-saga-city-doing, exposed owners to expandedWhat Happened?acquitted-of-all-ohsa-charges-OHSAliability. TheCity,theownerofacon-because-it-exercised-due-diligence. TheSupremeCourtaddressedstructionproject,contractedwith I nwhatislikelytobetheonlywhethertheCitywasanem- aconstructor,InterpavingLimited finalchapterinthelong Rployer for purposes of the OHSA.It(Interpaving),torepairawater vCityofSudbury saga,thedid not address whether the City was,mainandrepavestreets.Interpav-OntarioSuperiorCourtofin fact, liable for the alleged OHSAingwasthegeneralcontractoron Justice upheld the acquittal of thebreaches.TheOntarioSuperiortheprojectandprovideditsown CityofSudbury(City)fromCourt has now answered that ques- employees to perform the work. The allOccupational Health and Safetytion, no, agreeing with the initialCity sent two quality control inspec-Act(OHSA) charges on the basistrial judge that even if the City was antors to inspect the project.the City exercised due diligence. 1 employer, it should be acquitted of allDuringconstruction,anInter-Thisprotractedcourtbattle,OHSAchargesbecauseitexercisedpavingemployeetragicallystruck which we last discussed in our Janu- due diligence in the circumstances. and killed a pedestrian with a road 18ONTARIO ROOFING NEWSISSUE 3 2024 THE ONLY SOURCE FOR PROFESSIONAL ICI ROOFING CONTRACTORS IN ONTARIO ORN'