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39754

Corporation of the City of Greater Sudbury v. Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)

(Ontario) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2024-12-11 Appeal closed
2024-02-15 Decision on the motion for a re-hearing of the appeal, CJ Ka Côt Row Mar Kas Ja Ob Mor, UPON APPLICATION by the appellant for a re-hearing of the appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is dismissed.


Dismissed
2024-02-15 All material on motion for a re-hearing of the appeal submitted to Justices, CJ Ka Côt Row Mar Kas Ja Ob Mor
2024-01-19 Reply to the response to the motion for a re-hearing of the appeal, (Printed version filed on 2024-01-22) Corporation of the City of Greater Sudbury
2024-01-04 Certificate (on limitations to public access), (Letter Form), 23A-Motion-response, (Printed version filed on 2024-01-08) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2024-01-04 Notice of name, (Letter Form), (Printed version filed on 2024-01-08) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2024-01-04 Response to the motion for a re-hearing of the appeal, (Book Form), Completed on: 2024-01-15, (Printed version filed on 2024-01-08) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2024-01-03 Response to the motion for a re-hearing of the appeal, (Book Form), Completed on: 2024-01-15, (Printed version filed on 2024-01-12) Workers' Compensation Board of British Columbia
2024-01-02 Response to the motion for a re-hearing of the appeal, (Letter Form), Completed on: 2024-01-15 Regional Municipality of York, Regional Municipality of Peel, Regional Municipality of Durham, Regional Municipality of Halton, Regional Municipality of Waterloo and Regional Municipality of Niagara
2023-12-12 Response to the motion for a re-hearing of the appeal, (Letter Form), Completed on: 2023-12-13 Retail Council of Canada
2023-12-08 Motion for a re-hearing of the appeal, (Book Form), MISSING: Filing Fee (rec'd 2023-12-14), Completed on: 2024-01-15, (Printed version filed on 2023-12-08) Corporation of the City of Greater Sudbury
2023-11-10 Formal judgment sent to the registrar of the court of appeal and all parties
2023-11-10 Judgment on appeal and notice of deposit of judgment sent to all parties
2023-11-10 Judgment on the appeal rendered, CJ Ka Côt Br Row Mar Kas Ja Ob, The appeal from the judgment of the Court of Appeal for Ontario, Number C67701, 2021 ONCA 252, dated April 23, 2021, heard on October 12, 2022, is dismissed on equal division. Karakatsanis, Côté, Rowe and O’Bonsawin JJ. dissent.
Dismissed
2022-11-04 Transcript received, 118 pages
2022-10-12 Judgment reserved OR rendered with reasons to follow
2022-10-12 Hearing of the appeal, 2022-10-12, CJ Ka Côt Br Row Mar Kas Ja Ob
Judgment reserved
2022-10-06 Respondent's condensed book, (Book Form), (Printed version filed on 2022-10-07) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2022-10-06 Appellant's condensed book, (Book Form), (Printed version filed on 2022-10-07) Corporation of the City of Greater Sudbury
2022-09-27 Notice of appearance, (Letter Form), Jonathan C. Lisus, Zain M. Naqi and John Carlo Mastrangelo will appear before the Court and Jonathan C. Lisus will present oral argument.
, (Printed version due on 2022-10-05)
Regional Municipality of York, Regional Municipality of Peel, Regional Municipality of Durham, Regional Municipality of Halton, Regional Municipality of Waterloo and Regional Municipality of Niagara
2022-09-27 Notice of appearance, (Letter Form), Kevin MacNeill and Jean-Simon Schoenholz will appear before the Court and Mr. MacNeill will present oral argument.
, (Printed version due on 2022-10-05)
Retail Council of Canada
2022-09-26 Notice of appearance, (Letter Form), David McCaskill, Giuseppe Ferraro and William Robinson will appear before the Court. David McCaskill and Giuseppe Ferraro will present oral argument. , (Printed version due on 2022-10-04) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2022-09-26 Notice of appearance, (Letter Form), Ryan J. Conlin and Jeremy D. Schwartz will be appearing and Mr. Conlin will present oral argument.
, (Printed version due on 2022-10-04)
Corporation of the City of Greater Sudbury
2022-09-26 Notice of appearance, (Letter Form), Ben Parkin and Johanna Goosen will appear before the Court and Mr. Parkin will be presenting oral argument

, (Printed version due on 2022-10-04)
Workers' Compensation Board of British Columbia
2022-09-23 Correspondence (sent by the Court) to, all parties; Letter of direction relating to upcoming hearing
2022-06-28 Notice of hearing sent to parties
2022-06-28 Appeal hearing scheduled, 2022-10-12
Judgment reserved
2022-06-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent by email to all parties)
2022-06-13 Reply factum on appeal, (Book Form), Appellant’s Factum in Response to Interveners, Completed on: 2022-06-15, (Printed version filed on 2022-06-13) Corporation of the City of Greater Sudbury
2022-06-06 Intervener's factum, (Book Form), Completed on: 2022-06-15, (Printed version filed on 2022-06-07) Workers' Compensation Board of British Columbia
2022-06-06 Intervener's factum, (Book Form), Completed on: 2022-06-15, (Printed version filed on 2022-06-07) Retail Council of Canada
2022-06-06 Intervener's book of authorities, (Book Form), Completed on: 2022-06-15, (Printed version filed on 2022-06-06) Regional Municipality of York, Regional Municipality of Peel, Regional Municipality of Durham, Regional Municipality of Halton, Regional Municipality of Waterloo and Regional Municipality of Niagara
2022-06-06 Intervener's factum, (Book Form), Completed on: 2022-06-15, (Printed version filed on 2022-06-06) Regional Municipality of York, Regional Municipality of Peel, Regional Municipality of Durham, Regional Municipality of Halton, Regional Municipality of Waterloo and Regional Municipality of Niagara
2022-04-27 Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version filed on 2022-05-05) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2022-04-27 Respondent's book of authorities, (Book Form), Completed on: 2022-05-18, (Printed version filed on 2022-05-05) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2022-04-27 Respondent's record, (Book Form), Completed on: 2022-05-18, (Printed version filed on 2022-05-05) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2022-04-27 Respondent's factum, (Book Form), Completed on: 2022-05-18, (Printed version filed on 2022-05-05) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2022-04-25 Order on motion to extend time, joint with order on intervention
2022-04-25 Decision on motion to extend time, Mo
Granted
2022-04-25 Submission of motion to extend time, Mo
2022-04-25 Order on motion for leave to intervene, (by Justice Moldaver) sent to parties electronically
2022-04-25 Decision on the motion for leave to intervene, Mo, UPON APPLICATION by the Workers’ Compensation Board of British Columbia; the Retail Council of Canada; the Regional Municipality of York, the Regional Municipality of Peel, the Regional Municipality of Durham, the Regional Municipality of Halton, the Regional Municipality of Waterloo and the Regional Municipality of Niagara (jointly); the Attorney General of British Columbia; the Federation of Canadian Municipalities; the Workers’ Health
and Safety Legal Clinic and the Ontario Good Roads Association for leave to intervene in the above appeal;

AND UPON APPLICATION by the City of Toronto for an extension of time to serve and file its’ motion for leave to intervene and for leave to intervene in the above appeal;

AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:

The motion for an extension of time is granted.

The motions for leave to intervene filed by the Attorney General of British Columbia, the Federation of Canadian Municipalities, the City of Toronto, the Workers’ Health and Safety Legal Clinic, and the Ontario Good Roads Association are dismissed.

The motions for leave to intervene filed by the Workers’ Compensation Board of British Columbia, the Retail Council of Canada and the Regional Municipality of York, the Regional Municipality of Peel, the Regional Municipality of Durham, the Regional Municipality of Halton, the Regional Municipality of Waterloo and the Regional Municipality of Niagara (jointly) are granted and the said three (3) interveners or groups of interveners shall be entitled to serve and file a single factum not to exceed ten (10) pages in length on or before June 6, 2022.

The said three (3) interveners or groups of interveners are each granted permission to present oral arguments not exceeding five (5) minutes each at the hearing of the appeal.

The appellant is granted permission to serve and file a single factum in response to all interventions, not to exceed five (5) pages in length, on or before June 13, 2022.

The interveners or groups of interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners or groups of interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions.

Allowed in part
2022-04-25 Submission of motion for leave to intervene, Mo
2022-04-19 Reply to the motion for leave to intervene, (Book Form), Completed on: 2022-07-07, (Printed version filed on 2022-04-19) City of Toronto
2022-04-12 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-04-20, (Printed version filed on 2022-04-12) Federation of Canadian Municipalities
2022-04-11 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-04-20, (Printed version filed on 2022-04-11) Corporation of the City of Greater Sudbury
2022-04-08 Response to the motion for leave to intervene, (Book Form), Completed on: 2022-04-20, (Printed version filed on 2022-04-11) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2022-04-01 Notice of name, (Letter Form), (Printed version due on 2022-04-08) City of Toronto
2022-04-01 Motion to extend time, (Book Form), For the Motion for Leave to Intervene
Missing: Filing Fee, Incomplete, (Printed version filed on 2022-04-04)
City of Toronto
2022-04-01 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 04/01/22), Completed on: 2022-04-05, (Printed version filed on 2022-04-01) City of Toronto
2022-03-30 Notice of name, (Letter Form), (Printed version filed on 2022-04-07) Federation of Canadian Municipalities
2022-03-30 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-04-07) Federation of Canadian Municipalities
2022-03-30 Notice of name, (Letter Form), (Printed version filed on 2022-03-30) Workers' Compensation Board of British Columbia
2022-03-30 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-03-30) Workers' Compensation Board of British Columbia
2022-03-30 Notice of name, (Letter Form), (Printed version due on 2022-04-06) Ontario Good Roads Association
2022-03-30 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 04/01/22), Completed on: 2022-04-05, (Printed version filed on 2022-03-31) Ontario Good Roads Association
2022-03-30 Notice of name, (Letter Form), Missing: Proof of Service (rec' 04/04/22), (Printed version filed on 2022-03-30) Attorney General of British Columbia
2022-03-30 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 04/06/22)
Proof of Service (rec' 04/04/22), Completed on: 2022-04-25, (Printed version filed on 2022-03-30)
Attorney General of British Columbia
2022-03-30 Notice of name, (Letter Form), (Printed version filed on 2022-03-31) Regional Municipality of York, Regional Municipality of Peel, Regional Municipality of Durham, Regional Municipality of Halton, Regional Municipality of Waterloo and Regional Municipality of Niagara
2022-03-30 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 04/26/22), Completed on: 2022-04-29, (Printed version filed on 2022-03-31) Regional Municipality of York, Regional Municipality of Peel, Regional Municipality of Durham, Regional Municipality of Halton, Regional Municipality of Waterloo and Regional Municipality of Niagara
2022-03-29 Notice of name, (Book Form), (Printed version filed on 2022-03-31) Workers' Health and Safety Legal Clinic
2022-03-29 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 03/31/22), Completed on: 2022-04-05, (Printed version filed on 2022-03-31) Workers' Health and Safety Legal Clinic
2022-03-28 Notice of name, (Letter Form), (Printed version due on 2022-04-04) Retail Council of Canada
2022-03-28 Motion for leave to intervene, (Book Form), Missing: Filing fee, Incomplete, (Printed version due on 2022-04-04) Retail Council of Canada
2022-03-02 Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2022-03-02) Corporation of the City of Greater Sudbury
2022-03-02 Appellant's record, (Book Form), (2 volumes), Completed on: 2022-03-08, (Printed version filed on 2022-03-02) Corporation of the City of Greater Sudbury
2022-03-02 Appellant's factum, (Book Form), Completed on: 2022-03-08, (Printed version filed on 2022-03-02) Corporation of the City of Greater Sudbury
2022-01-05 Notice of appeal, (Letter Form), Completed on: 2022-01-18, (Printed version filed on 2022-01-05) Corporation of the City of Greater Sudbury
2021-12-09 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-12-09 Judgment on leave sent to the parties
2021-12-09 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C67701, 2021 ONCA 252, dated April 23, 2021 is granted with costs.
Granted, with costs
2021-10-12 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-08-23 Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-10-12, (Printed version filed on 2021-08-23) Corporation of the City of Greater Sudbury
2021-08-13 Certificate (on limitations to public access), (Included in the respondent's response on the application for leave to appeal) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2021-08-13 Notice of name, (Included in the respondent's response on the application for leave to appeal) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2021-08-13 Respondent's response on the application for leave to appeal, (Book Form), (2 volumes), Completed on: 2021-10-12, (Printed version filed on 2021-08-19) Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)
2021-07-30 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-07-30
2021-06-21 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-06-21) Corporation of the City of Greater Sudbury
2021-06-21 Notice of name, (Letter Form), (Printed version filed on 2021-06-21) Corporation of the City of Greater Sudbury
2021-06-21 Application for leave to appeal, (Book Form), Completed on: 2021-06-21, (Printed version filed on 2021-06-21) Corporation of the City of Greater Sudbury

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Corporation of the City of Greater Sudbury Appellant Active

v.

Main parties - Respondents
Name Role Status
Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development) Respondent Active

Other parties

Other parties
Name Role Status
Retail Council of Canada Intervener Active
Regional Municipality of York, Regional Municipality of Peel, Regional Municipality of Durham, Regional Municipality of Halton, Regional Municipality of Waterloo and Regional Municipality of Niagara Intervener Active
Workers' Compensation Board of British Columbia Intervener Active

Counsel

Party: Corporation of the City of Greater Sudbury

Counsel
Ryan J. Conlin
Jeremy Schwartz
Stringer LLP
390 Bay Street, Suite 800
Toronto, Ontario
M5H 2Y2
Telephone: (416) 862-2566
FAX: (416) 363-7358
Email: rconlin@stringerllp.com
Agent
Moira Dillon
Supreme Law Group
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca

Party: Ministry of the Attorney General (Ministry of Labour, Immigration,Training and Skills Development)

Counsel
David McCaskill
Ministry of the Attorney General of Ontario
Ministry of Labour, Training and Skills Development
400 University Avenue, 11th Floor
Toronto, Ontario
M7A 1T7
Telephone: (416) 426-1367
FAX: (416) 326-7985
Email: David.McCaskill@ontario.ca

Party: Retail Council of Canada

Counsel
Kevin MacNeill
Jean-Simon Schoenholz
Norton Rose Fulbright Canada LLP
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-3767
FAX: (613) 230-5459
Email: kevin.macneill@nortonrosefulbright.com

Party: Regional Municipality of York, Regional Municipality of Peel, Regional Municipality of Durham, Regional Municipality of Halton, Regional Municipality of Waterloo and Regional Municipality of Niagara

Counsel
Jonathan C. Lisus
Zain Naqi
John Carlo Mastrangelo
Lax O'Sullivan Lisus Gottlieb LLP
145 King Street West
Suite 2750
Toronto, Ontario
M5H 1J8
Telephone: (416) 598-1744
FAX: (416) 598-3730
Email: jlisus@lolg.ca
Agent
Abdalla Barqawi
Conway Baxter Wilson LLP
400 – 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 288-0149
FAX: (613) 688-0271
Email: abarqawi@conwaylitigation.ca

Party: Workers' Compensation Board of British Columbia

Counsel
Ben Parkin
Johanna Goosen
Workers' Compensation Board
Law & Policy Department
6951 Westminster Highway
Richmond, British Columbia
V7C 1C6
Telephone: (604) 231-8684
FAX: (604) 279-8116
Email: ben.parkin@worksafebc.com
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Summary

Keywords

Provincial offences — Occupational health and safety — Whether the owner of a construction project which had contracted the construction out to a third party to act as the constructor was the employer pursuant to s. 1(1) of the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1, and responsible for workplace safety?<br>

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The City of Greater Sudbury contracted Interpaving Limited to repair utilities and to repave streets affected by the repairs. An employee of Interpaving Limited operating a road grader struck and killed a pedestrian who was attempting to cross a street in the construction zone. Safety measures required by legislation were not in place. The Ministry of Labour charged the City as a “constructor” and an “employer” under the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1, and Construction Projects, O. Reg. 213/9. The Ontario Court of Justice acquitted the City on all charges. The Ontario Superior Court of Justice dismissed an appeal. The Court of Appeal granted leave to appeal in respect of the three charges against the City as an employer and set aside the acquittals on those charges. The Crown conceded that the factual findings to determine guilt on one count had not been made at trial. The Court of Appeal remanded the case to the Ontario Superior Court of Justice to hear an appeal raising whether the City had established a defence of due diligence in respect of the other two charges.

Lower court rulings

June 6, 2019
Ontario Superior Court of Justice

2019 ONSC 3285, SCA-183-18

Appeal dismissed.

April 23, 2021
Court of Appeal for Ontario

2021 ONCA 252, C67701

Appeal allowed, matter remitted to Ontario Superior Court of Justice.

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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Date modified: 2025-02-27