DATE: 20031121

DOCKET: C39637

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

[1] We 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.

[2] Accordingly, the appeal is dismissed.