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Superior Court of Justice dismisses Ministry of Labour 's Appeal Regarding the City of Sudbury's Due Diligence Defense on Construction Project Fatality

September 2, 2024

The Ministry of Labour’s charges against the City of Greater Sudbury regarding a fatality on their Elgin Street Construction Project in 2016 was referred by the Supreme Court of Canada back to the Superior Court of Justice for appeal by the Crown on the issue of the City’s due diligence defense.  A finding of due diligence by the City at the time in question would bring the matter to an end.

The Crown/Ministry of Labour’s (MoL) appeal to the Superior Court of Justice that the City of Sudbury did not exercise due diligence, was dismissed on August 23, 2024. The MoL has 30-days to appeal the decision (until Septmeber 23, 2024).

The Court's decision can be found HERE.