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Archive December 2023

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R v. Sudbury (Municipal owners are also ’employers’ under OHS law)

On November 10th the Supreme Court of Canada’s recent 4-4 split decision in R. v. Greater Sudbury (City) has affirmed the legal responsibility, and potential liability, of an owner of a construction project to comply with the legal duties of an employer as defined in Ontario’s occupational health and safety (OHS) legislation.

 

Assessing the Enforceability of Pay-When-Paid Clauses

Although our analysis will apply consistently at lower rungs of the construction ladder, in this Article we will discuss a contractor’s use of such a clause.

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