Judge finds Sudbury not guilty on charges of pedestrian's death
Cecile Paquette, 58, was killed when she was backed over by a grader at a construction site in 2015
The City of Greater Sudbury has been found not guilty of all charges in connection to the death of 58-year-old Cecile Paquette in 2015.
The city had faced six charges under the Occupational Health and Safety Act (OHSA) stemming from the incident, which occurred at a construction site downtown.
Paquette was killed when she was backed over by a grader at the intersection of Elgin and Beech Streets. According to the facts presented at trial, the grader operator was working at the intersection without a traffic signaller.
Interpaving, the company contracted by the city to do the work, was found guilty of failing to provide a traffic signaller and fined $195,000 in March.
City did its due diligence, judge determined
Judge Karen Lische delivered the verdict in a Sudbury court on Friday.
In her decision, Lische said the charges against the city hinged on whether or not it could be considered a "constructor" or "employer" on the construction project, according to the OHSA.
Lische said evidence presented at trial proved Interpaving had control and direction of the project, and was therefore liable as the "constructor."
She further stated evidence showed the city was not supervising or directing the work at the construction site, and was therefore not liable as an "employer."
Lische also cited several examples that the city had done its due diligence, including flagging previous safety violations and concerns to the company, insisting on additional safety training for workers and regularly attending meetings about the project.
Ministry of Labour lawyer David McCaskill, who prosecuted the case, would not comment except to say he was disappointed with the verdict.
In a statement, City Solicitor Eric Labelle said the city remains "confident in our position on this matter and respect the ruling made by the court and outcome from today's hearing."
Sudbury Mayor Brian Bigger also released a statement Friday afternoon, saying the city will continue to comply with health and safety legislation.
"The safety of the public and our workers is of utmost importance to the organization, and we will always take this very seriously," the statement reads.
The verdict could be appealed by the Ministry of Labour within a 30-day period, according to the city.