Court File and Parties

CITATION: Ontario (Attorney General) v. Nichols Gravel Limited, 2009 ONCA 663

DATE: 20090917

DOCKET: C50020

COURT OF APPEAL FOR ONTARIO

O’Connor A.C.J.O., Blair and Juriansz JJ.A.

BETWEEN:

Her Majesty the Queen in the Right of Ontario as Represented by the Attorney General for the Province of Ontario

Respondent (Plaintiff)

and

Nichols Gravel Limited, Gary I. Nichols, Margaret Nichols and Dwayne Nichols

Appellants (Defendants)

COUNSEL:

Paul Osier, for the appellants

Connie Vernon, for the respondents, Her Majesty the Queen on the contempt order

Jeremy Glick, for the respondents, Her Majesty the Queen on the stay

Heard: September 11, 2009

On appeal from the judgment of Justice N. Borkovich of the Superior Court of Justice dated January 15, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appeal is dismissed. Even if one leaves aside the hearsay elements of the impugned paragraphs in the affidavit of Mr. Zacher, there was ample evidence to support the findings of contempt.

[2] We see no basis to interfere with the penalty imposed. In our view, it was moderate in the circumstances of this case.

[3] The appellants shall pay the respondents’ costs fixed in the amount of $7,502.50, inclusive of disbursements and GST.