Court File and Parties

Citation: Ontario (Labour) v. Norwall Group Inc., 2008 ONCA 235 Date: 20080403 Docket: C47580

Court of Appeal for Ontario Doherty, Moldaver and Cronk JJ.A.

Between: Her Majesty the Queen in Right of Ontario (Ministry of Labour), Appellant and Norwall Group Inc., Respondent

Counsel: Wes Wilson and Sidney Peters for the appellant Adrian Miedema and Naomi Horrox for the respondent

Heard: April 2, 2008

On appeal from the decision of Justice F. Dawson of the Superior Court of Justice dated June 19, 2007.

Appeal Book Endorsement

[1] There is no evidence of actual, irremediable prejudice to the respondent’s ability to make full answer and defence. Neither the nature of the allegations in the charges, nor the fact that the employees no longer worked for the employer, standing alone or together, justifies any inference of actual prejudice to the ability to make full answer and defence.

[2] Accordingly, the appeal is allowed and the matter is remitted to the trial court for trial.