Ministry of Labour granted leave to appeal acquittal of City of Greater Sudbury in pedestrian death
Case involves a pedestrian who was killed on a construction site in 2015
A judge in the Ontario Court of Appeal has granted the Ministry of Labour the right to appeal the acquittal of the City of Greater Sudbury in connection with a pedestrian death three years ago.
On Sept. 30, 2015, 58-year-old Cecile Paquette was killed after she was run over by a grader on Elgin Street.
The work was being done by Interpaving, who had been hired by the city.
The city was originally charged with six counts under the Occupational Health and Safety Act. Interpaving pleaded guilty and paid a $195,000 fine.
The Ministry of Labour had applied for leave to appeal arguing the previous judges made mistakes when defining employer and contractor.
In his decision, Justice J. A. Brown wrote "whether a municipality may or may not fall within the definition of 'employer' in respect to such projects by reason of the degree of control it exercises over the project engages a question of law alone of interest to the public at large."
"Notwithstanding that Sudbury contends the issue largely turns on facts, not law, I do not regard the trial judge's findings on the due diligence defence as an obstacle to granting leave to appeal on the legal question of the definition of 'employer,' given the interest to the public at large of that legal issue," he wrote.
"As a result, I grant the Crown leave to appeal from the acquittals of Sudbury on the counts that alleged the municipality breached its duties under the Occupational Health and Safety Act as an 'employer.'"
The City of Greater Sudbury said in a written statement that it was acquitted of the charges at trial and on appeal.
"We remain confident in our position and are hopeful for a successful outcome before the Ontario Court of Appeal, anticipated in 2020," reads the statement.