The City of Greater Sudbury was liable as an employer in the Sept. 30, 2015, death of a pedestrian at the site of a water main improvement project.
The Supreme Court of Canada upheld this finding by dismissing a City of Greater Sudbury appeal today.
On Sept. 30, 2015, Cécile Paquette, 58, was killed at Elgin Street and Beech Street after being run over by a grader at the site of a water main improvement project.
In the court process that followed, both Interpaving and the City of Greater Sudbury were charged in relation to the death. Interpaving pleaded guilty, but the City of Greater Sudbury pleaded not guilty and the charges were dismissed.
Judge Karen Lische determined the Ministry of Labour failed to prove beyond a reasonable doubt the city had control of the worksite at the time of the incident, and that as the owner of the project, the city had no obligation to ensure Interpaving and its workers complied with the Occupational Health and Safety Act.
The Court of Appeal found in favour of the Ministry of Labour to find the city liable, which the city appealed to the Supreme Court of Canada.
In their Nov. 10 ruling, the Supreme Court of Canada dismissed the city’s appeal.
Sudbury.com will publish a more in-depth report on the court’s finding later today.
