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

Faith Greco · CBC News

· Posted: Apr 04, 2025 5:46 PM EDT | Last Updated: 5 minutes ago

The Ontario Court of Appeal has unopen down the Ministry of Labour's effort to entreaty the City of Greater Sudbury's acquittal successful the lawsuit of a pistillate who was killed astatine a roadworthy operation tract connected Elgin Street a decennary ago.

The lawsuit dates backmost to September 2015, erstwhile 58-year-old Cécile Paquette was struck and killed by a reversing roadworthy grader portion trying to transverse Elgin Street successful a downtown operation zone. 

The instrumentality was operated by an worker of Interpaving, the contractor hired for the roadwork.

Both Interpaving and the City of Greater Sudbury were charged nether Ontario's Occupational Health and Safety Act. Interpaving pleaded guilty. The metropolis contested the charges, arguing it was not straight liable for supervising workers astatine the tract and had taken tenable steps to guarantee safety.

In August 2024, a Provincial Offences Appeal Court justice upheld an earlier proceedings decision, uncovering the metropolis had met the modular of owed diligence required by law. 

The Ministry of Labour sought permission to entreaty that decision, but connected Monday, the Ontario Court of Appeal dismissed the request.

The ruling brings an extremity to a lengthy ineligible process involving 5 tribunal decisions, including a 2023 ruling by the Supreme Court of Canada. That determination upheld an earlier ruling successful the city's favour but called for a person reappraisal of whether it had fulfilled its ineligible responsibilities.

The metropolis said it had "consistently upheld its position" successful effect to the charges and is pleased that the substance has been resolved, successful a connection to CBC News.

It added that portion it remains mindful of the tragedy, it is firmly committed to the wellness and information of residents and to maintaining nationalist trust.

With nary further ineligible avenues available, the lawsuit is present officially closed — astir 10 years aft Paquette's death.