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Posted on December 20, 2022 | Posted in Construction, Five Liners

Her Majesty the Queen v. The Corporation of The City of Greater Sudbury 2019 Ont SCJ

The Occupational Health and Safety Act creates offences for people who breach their health and safety duties under the Act. The “constructor” on a construction project has strict liability for health and safety. A municipality was charged with a breach of the Act after a fatal accident. The Crown argued that because the municipality was given the contractual authority to have its employees enter the project to oversee quality control, it somehow became the constructor. The court rejected this argument and acquitted.


Jonathan Speigel


Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.


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