COURT FILE NO.: 133/2001

DATE: 20021016

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

COO, GRAVELY, ELLEN MACDONALD JJ.

B E T W E E N:

JOHN ASCOTT, BILL ARBLASTER, ELMO BENEDICT, KEVIN BROOKS, RAYMOND CHOI, CYNTHIA DUNCAN, DAVID DUHIG, WILLIAM HOGARTH, KEITH KAWALL, STEVE KOSS, MARK LONGDEN, DENIS MAH, RICK MONTLE, and RON YOUNG

Applicants

• and -

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO (Ministry of Finance)

Respondents

C. Michael Mitchell and Steven M.Barrett, for the Applicants

Stephen Patterson and Lisa Compagnone, for the Respondents

HEARD: October 16, 2002

COO J.: (Orally)

1Dealing with the motion to dismiss for delay, we accept at once that there has been substantial delay in the prosecution of this judicial review. There have been some explanations offered in affidavit form unchallenged by cross-examination. They do help to support the propriety of permitting the matter to continue.

2In our view, it has not been demonstrated that there has been prejudice of the sort referred to in the authorities. Even if it were to be contended that a re-hearing might be an appropriate remedy it is not unimportant that no step, formal or informal was taken by the respondent to attempt to deal with delay and this is a factor, albeit only of modest importance, in dealing with this matter now.

3In the end, we are persuaded that we ought to deal with this matter on the merits and we propose so to do.

COO J.

GRAVELY J.

MACDONALD J.

Date of Reasons for Judgment: October 16, 2002

Date of Release: October 28, 2002

COURT FILE NO.: 133/2001

DATE: 20021016

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

COO, GRAVELY, ELLEN MACDONALD JJ.

B E T W E E N:

JOHN ASCOTT, BILL ARBLASTER, ELMO BENEDICT, KEVIN BROOKS, RAYMOND CHOI, CYNTHIA DUNCAN, DAVID DUHIG, WILLIAM HOGARTH, KEITH KAWALL, STEVE KOSS, MARK LONGDEN, DENIS MAH, RICK MONTLE, and RON YOUNG

Applicants

• and -

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO (Ministry of Finance)

Respondents