There will be far reaching implications resulting from a Supreme Court of Canada (SCC) appeal decision, rendered on Nov. 10, that will shake the construction industry to its core.
“Engaging a General Contractor (GC) as a ‘constructor’ at a construction project, and allowing the GC to assume full operational ‘control’ over the project, may no longer insulate an owner from liability under the OHSA (Occupational Health and Safety Act),”Gowling partner Sahil Shoor and associates Tushar Anandasagar and Cristina Borbely. “Owners are at greater risk for health and safety on their projects and need to carefully reconsider their contractual arrangements with GCs and construction managers.” The SCC appeal relates to the 2021 dispute between the City of Sudbury and the Ontario Ministry of Labour, Immigration, Training and Skills Development. Sudbury contracted with Interpaving Limited to act as “constructor” to repair a downtown watermain. During the repairs, an Interpaving employee struck and killed a pedestrian when driving a road grader through an intersection in revers