COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO (Ministry of Labour) (Applicant (Respondent in the Appeal)) –and – BIRCHLAND PLYWOOD LTD. (Respondent (Appellant in the Appeal))
BEFORE:
ROSENBERG, MACPHERSON and SHARPE JJ.A.
COUNSEL:
Augusto P. Palombi
for the appellant
Victoria Kondo and Judie Im
for the respondent
HEARD & ENDORSED:
November 19, 2003
On appeal from the judgment of Justice Frank R. Caputo of the Superior Court of Justice dated February 3, 2003.
A P P E A L B O O K E N D O R S E M E N T
1We need not decide whether extrinsic evidence was admissible. The material in the information itself establishes the year the information was sworn and therefore that the limitation period had not expired. The information was not a nullity.
2Accordingly, the appeal is dismissed.