Court File and Parties
COURT OF APPEAL FOR ONTARIO
O’Connor A.C.J.O., Blair and Juriansz JJ.A.
BETWEEN:
Her Majesty the Queen in the Right of Ontario as Represented by the Attorney General for the Province of Ontario
Respondent (Plaintiff)
and
Nichols Gravel Limited, Gary I. Nichols, Margaret Nichols and Dwayne Nichols
Appellants (Defendants)
COUNSEL:
Paul Osier, for the appellants
Connie Vernon, for the respondents, Her Majesty the Queen on the contempt order
Jeremy Glick, for the respondents, Her Majesty the Queen on the stay
Heard: September 11, 2009
On appeal from the judgment of Justice N. Borkovich of the Superior Court of Justice dated January 15, 2009.
APPEAL BOOK ENDORSEMENT
1The appeal is dismissed. Even if one leaves aside the hearsay elements of the impugned paragraphs in the affidavit of Mr. Zacher, there was ample evidence to support the findings of contempt.
2We see no basis to interfere with the penalty imposed. In our view, it was moderate in the circumstances of this case.
3The appellants shall pay the respondents’ costs fixed in the amount of $7,502.50, inclusive of disbursements and GST.