DATE: 20040601

DOCKET: C40675

COURT OF APPEAL FOR ONTARIO

RE:

GRANT FOREST PRODUCTS INC. (Appellant) –and – HER MAJESTY THE QUEEN (ONTARIO MINISTRY OF LABOUR) (Respondent)

BEFORE:

LASKIN, CHARRON and LANG JJ.A.

COUNSEL:

Cheryl A. Edwards

for the appellant

Wes Wilson and

Shaun Nakatsuru

for the respondent

HEARD & ENDORSED:

May 31, 2004

On appeal from the judgment of Justice John S. Poupore of the Superior Court of Justice dated July 24, 2003 allowing in part the appeal of the conviction entered and sentence imposed by Justice Paul R. Bélanger of the Ontario Court of Justice on July 26, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] Substantially for the reason of Justice Bélanger we agree that the definition of “employer” in section 1 of the Occupational Health and Safety Act is not overbroad. Moreover, we see no reason to revisit this court’s majority decision in R. v. Wyssen. The appeal is therefore dismissed.