This appeal concerned the interpretation of "employer" under the Occupational Health and Safety Act (OHSA) following a fatal workplace incident.
The City of Greater Sudbury, which had contracted out road repairs, was acquitted at trial and on first appeal, with courts finding it was neither an "employer" nor "constructor." The Court of Appeal for Ontario reversed, holding that the City was indeed an "employer" under OHSA because its own employees (inspectors) were present and performing tasks at the project site, satisfying the first branch of the "employer" definition.
The case was remitted to the appeal court to consider the City's due diligence defence, which had not been addressed by the appeal judge.
