Court closes 10-year legal battle over downtown Sudbury construction death

The Ontario Court of Appeal has shut down the Ministry of Labour’s attempt to appeal the City of Greater Sudbury’s acquittal in the case of a woman who was killed at a road construction site on Elgin Street a decade ago.

The city says it's pleased that the matter has been resolved.

Faith Greco · CBC News · Posted: Apr 04, 2025 5:46 PM EDT | Last Updated: April 4

A walker sits next to a grader on a downtown street covered in gravel, with police tape strung around it. — 58-year-old Cecile Paquette was crushed to death by a grader when she tried to cross Elgin Street in downtown Sudbury in 2015. (Yvon Theriault/Radio-Canada)

The Ontario Court of Appeal has shut down the Ministry of Labour's attempt to appeal the City of Greater Sudbury's acquittal in the case of a woman who was killed at a road construction site on Elgin Street a decade ago.

The case dates back to September 2015, when 58-year-old Cécile Paquette was struck and killed by a reversing road grader while trying to cross Elgin Street in a downtown construction zone.

The machine was operated by an employee of Interpaving, the contractor hired for the roadwork.

Both Interpaving and the City of Greater Sudbury were charged under Ontario's Occupational Health and Safety Act. Interpaving pleaded guilty. The city contested the charges, arguing it was not directly responsible for supervising workers at the site and had taken reasonable steps to ensure safety.

In August 2024, a Provincial Offences Appeal Court judge upheld an earlier trial decision, finding the city had met the standard of due diligence required by law.

The Ministry of Labour sought leave to appeal that decision, but on Monday, the Ontario Court of Appeal dismissed the request.

A construction site with fencing around it and a sign reading 'Sidewalk closed used other side' — Both Interpaving and the City of Greater Sudbury were charged under Ontario’s Occupational Health and Safety Act. (Marina von Stackelberg/CBC )

The ruling brings an end to a lengthy legal process involving five court decisions, including a 2023 ruling by the Supreme Court of Canada. That decision upheld an earlier ruling in the city's favour but called for a closer review of whether it had fulfilled its legal responsibilities.

The city said it had "consistently upheld its position" in response to the charges and is pleased that the matter has been resolved, in a statement to CBC News.

It added that while it remains mindful of the tragedy, it is firmly committed to the health and safety of residents and to maintaining public trust.

With no further legal avenues available, the case is now officially closed — nearly 10 years after Paquette's death.