A New (Final?) Chapter in the R v City of Sudbury Saga ~ City acquitted of all OHSA charges because it exercised due diligence

August 28, 2022 | Daniel Averbach, Luiza Vikhnovich

In what is likely to be the final chapter in the long R v City of Sudbury saga, the Ontario Superior Court of Justice upheld the acquittal of the City of Sudbury (“City”) from all Occupational Health and Safety Act (“OHSA”) charges on the basis the City exercised due diligence.[1]

This protracted court battle, which we last discussed in our January 2024 newsletter, has attracted considerable attention and concern because the Supreme Court of Canada found the City, a construction site “owner,” was also an “employer” under the OHSA and, in so doing, exposed owners to expanded OHSA liability.

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