Court File and Parties

Citation: R. v. 733515 Ontario Inc. (Triad Exterior Contracting Specialists), 2009 ONCA 29 Date: 2009-01-14 Docket: C48816

Court of Appeal for Ontario Doherty, MacPherson and Lang JJ.A.

Between:

Her Majesty the Queen in Right of Ontario (Ministry of Labour), Respondent

and

733515 Ontario Inc. c.o.b. as Triad Exterior Contracting Specialists, Appellant

Counsel: Ronald J. Poirier, for the appellant D. Kleiman, for the respondent

Heard: January 12, 2009

On appeal from the conviction entered by Justice D. Petit Baig of the Ontario Court of Justice dated November 2, 2007.

Appeal Book Endorsement

[1] The appellant raises three arguments. The "actus reus" point is decided against the appellant by the decision of this court in R. v. Wyssen (1992), 10 O.R. (3d) 193 at 198.

[2] With respect to the due diligence argument, we agree with counsel for the respondent that the evidence justified the finding that the appellant had failed to meet its onus of establishing, on the balance of probabilities, that it had taken all reasonable steps to ensure that the requisite safety measures and procedures were taken.

[3] We see no error in law in the sentence imposed.

[4] The appeal is dismissed.