Ontario Erectors Association

Construction Upheaval: Potentially Landscape-Altering OHS Case

A potentially landscape-altering OHS case, considering whether a construction project owner, that engaged a constructor to control and complete the project, retains OHS obligations as an “employer” at the project, is winding its way through the Ontario court system. The Ontario Court of Appeal has granted leave to appeal to the Crown in Ontario (Labour) v. Sudbury (City), to consider whether an “owner” of a construction project can also be an “employer”, with obligations to ensure safety on the project, based upon the degree of control exercised by the owner, including even merely control over its own quality control personnel. This Advisor discusses the case and its potential implications for municipalities and other owners of construction projects.

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OHS in Canada the Year in Review 2019 – Complimentary Webinar presented on November 29, 2019.