R. v. 1098431 Ontario Limited
The Court concluded there was a potential miscarriage of justice under the test articulated in R. v. Jamieson, and therefore allowed the appeal and ordered a new trial.
Source-derived case information.
- Citation
- 2008 ONCA 813
- Parties
- Respondent: Her Majesty the Queen (Ministry of Labour); Appellant: 1098431 Ontario Limited
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 2 December 2008
- Procedural Posture
- Criminal / Appeal to Court of Appeal From Provincial Offences Appeal Court
- Outcome
- Appeal allowed; new trial ordered.
- Legal Topics
- Miscarriage of Justice, New Trial, Conviction Appeal, Procedural Error
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen (Ministry of Labour)
Respondent
1098431 Ontario Limited
Appellant
Procedural Posture
Criminal / Appeal to Court of Appeal From Provincial Offences Appeal Court
Legal Issues
- 1 Whether there was a potential miscarriage of justice warranting a new trial
- 2 Whether the Provincial Offences Appeal Court erred in dismissing the appellant's challenge to conviction and sentence
- 3 Whether the trial process contained errors making the conviction unsafe
Ratio Decidendi
The Court concluded there was a potential miscarriage of justice under the test articulated in R. v. Jamieson, and therefore allowed the appeal and ordered a new trial.
Court Disposition
Appeal allowed; new trial ordered.
Orders
- Appeal allowed
- New trial ordered
Full Case Text
Judgment text and source record
1 paragraphs
R. v. 1098431 Ontario Limited Collection Decisions of the Court of Appeal Date 2008-12-02 Neutral citation 2008 ONCA 813 Docket numbers C49108 Judges Weiler, Karen Merle Magnuson; Blair, Robert Ashley; Rouleau, Paul S. Subject Criminal Decision Content CITATION: R. v. 1098431 Ontario Limited, 2008 ONCA 813 DATE: 20081202 DOCKET: C49108 COURT OF APPEAL FOR ONTARIO Weiler, Blair and Rouleau JJ.A. BETWEEN Her Majesty the Queen (Ministry of Labour) Respondent and 1098431 Ontario Limited Appellant 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), 64 C.C.C. (2d) 550 ( C.A. ).