Hiring an experienced and qualified general contractor who can assume responsibility for the health and safety of everyone on a construction site is essential for owners to mitigate potential liability claims. This was a central theme of a recent webinar: Owner liability as an 'employer' under Ontario's Occupational Health and Safety Act, with Allan Wells, Andrew Wong and Lia Bruschetta.
The webinar covered the Corporation of the City of Greater Sudbury v Ministry of the Attorney General case which involved the fatal accident of a pedestrian at an intersection construction site overseen by the City. At issue was whether the City was considered an "employer" or a "constructor" under the Occupational Health and Safety Act, and to what extent it was liable for the accident. The matter has made its way to the Supreme Court of Canada where the case was heard in October of this year, with a decision under reserve.