WARNING
The President of the panel has directed that no information is to be published regarding this appeal that would identify the young person in these proceedings. This non-publication order relates to a prohibition on the publication of the names of or any other information that would identify the in–person defendants in this proceeding.
This is ordered in accordance with
YOUTH CRIMINAL JUSTICE ACT
AND IS SUBJECT TO:
(1) Subject to this section, no person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person as a young person dealt with under this Act…
(1) Subject to this section, no person shall publish the name of a child or young person, or any other information related to a child or a young person, if it would identify the child or young person as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person…
(1) Every person who contravenes subsection 110(1) (identity of offender not to be published), 111(1) (identity of victim or witness not to be published), 118(1) (no access to records unless authorized) or 128(3) (disposal of R.C.M.P. records) or section 129 (no subsequent disclosure) of this Act, or subsection 38(1) (identity not to be published), (1.12) (no subsequent disclosure), (1.14) (no subsequent disclosure by school) or (1.15) (information to be kept separate), 45(2) (destruction of records) or 46(1) (prohibition against disclosure) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
(The Golden Tap), 2007 ONCA 290
DATE: 20070419
DOCKET: C45855
COURT OF APPEAL FOR ONTARIO
WEILER, ROSENBERG and SIMMONS JJ.A.
BETWEEN:
DANIEL VELDHUIS
Plaintiff (Respondent)
and
1228839 ONTARIO INC. carrying on business under the firm name and style of THE GOLDEN TAP, L.K. and F.K.
Defendant (Appellant)
Craig J. Allen, for the appellant
Mikael Dalimonte, for the respondent
HEARD: April 11, 2007
On appeal from the order of Justice Gordon Thomson of the Superior Court of Justice dated July 26, 2006.
APPEAL BOOK ENDORSEMENT
[1] Publication ban on name of the young offender ordered.
[2] In our opinion the judge at first instance did not err in his conclusion, the appellant did not demonstrate that the respondent would suffer no prejudice if the default judgment were to be set aside. Accordingly, the appeal is dismissed. Costs of the appeal are agreed in the amount of $3500 all inclusive and are awarded to the respondent.