The City of Greater Sudbury wants the Supreme Court of Canada to weigh in after the Court of Appeals set aside a ruling that found the municipality is not responsible for a 2015 construction site accident resulting in a woman’s death.
In 2015, the firm Interpaving was contracted to repave a section of Elgin Street. In September of that year, 58-year-old Cecile Paquette was killed while crossing the intersection when she was run over by a grader operated by an Interpaving employee.
Charges were laid under the Occupational Health and Safety Act against Interpaving and the city, but a court ruled in 2018 that the municipality could not be held liable, as under the terms of the contract, it was neither an employer nor “constructor” on the jobsite — that responsibility rested with the contractor, Interpaving.
The company subsequently pleaded guilty to the charges and was fined $195,000. The city also banned Interpaving from bidding on city contracts for four years, a ban that has now lapsed.
Unsatisfied with the original ruling, the Labour Ministry appealed two years ago, but the Ontario Superior Court upheld the original decision.
The ministry then sought leave from the Court of Appeal to hear the case, which it did, setting aside the earlier court decisions and clearing the way for a new hearing.
That process is now delayed, as the city has asked the Supreme Court to rule on the matter.
In a statement to Sudbury.com, the city said its materials were filed with the court in June.
“The city has considered its position in light of the Court of Appeal's decision with its external Counsel and is pursuing an Application for Leave to Appeal to the Supreme Court of Canada. The city's materials were filed with the court in June,” the statement said.
The city said the Ministry of Labour’s materials have yet to be filed with the court.
