Court of Appeal for Ontario

CITATION: R. v. 1098431 Ontario Limited, 2008 ONCA 813

DATE: 2008-12-02

DOCKET: C49108

BEFORE: Weiler, Blair and Rouleau JJ.A.

BETWEEN

Her Majesty the Queen (Ministry of Labour) Respondent

and

1098431 Ontario Limited Appellant

COUNSEL: Irwin Koziebrocki, Esq., for the appellant Lori Hamilton, for the respondent

HEARD: December 1, 2008

On appeal from the decision of the Provincial Offences Appeal court dated February 13, 2008 by Justice K.L. Mulligan of the Ontario Court of Justice, dismissing the appeal from the conviction entered and the sentence imposed by Justice of the Peace G. Ryan of the Ontario Court of Justice on December 3, 2007.

APPEAL BOOK ENDORSEMENT

[1] The appeal is allowed and a new trial is ordered. There is a potential for a miscarriage of justice. See R. v. Jamieson (1981), 1981 3223 (ON CA), 64 C.C.C. (2d) 550 (C.A.).