Grant Forest Products Inc. v. Ontario
The Court, substantially for the reasons of Justice Bélanger, held that the definition of 'employer' in section 1 of the Occupational Health and Safety Act is not overbroad and that there is no reason to revisit this Court's majority decision in R. v. Wyssen; therefore the appeal is dismissed.
Source-derived case information.
- Citation
- C40675
- Parties
- Appellant: Grant Forest Products Inc.; Respondent: Her Majesty the Queen (Ontario Ministry of Labour)
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 1 June 2004
- Procedural Posture
- Civil / Appeal to the Court of Appeal From Judgment of the Superior Court of Justice (judgment Dated July 24, 2003) Arising From Conviction and Sentence Entered by the Ontario Court of Justice (july 26, 2002); Appeal Heard May 31, 2004; Decision June 1, 2004
- Outcome
- Appeal dismissed
- Legal Topics
- Definition of 'employer', Section 1 Occupational Health and Safety Act, Overbreadth Challenge, Precedent R. V. Wyssen, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grant Forest Products Inc.
Appellant
Her Majesty the Queen (Ontario Ministry of Labour)
Respondent
Procedural Posture
Civil / Appeal to the Court of Appeal From Judgment of the Superior Court of Justice (judgment Dated July 24, 2003) Arising From Conviction and Sentence Entered by the Ontario Court of Justice (july 26, 2002); Appeal Heard May 31, 2004; Decision June 1, 2004
Legal Issues
- 1 Whether the definition of 'employer' in s.1 of the Occupational Health and Safety Act is overbroad
- 2 Whether this Court should revisit its majority decision in R. v. Wyssen
Ratio Decidendi
The Court, substantially for the reasons of Justice Bélanger, held that the definition of 'employer' in section 1 of the Occupational Health and Safety Act is not overbroad and that there is no reason to revisit this Court's majority decision in R. v. Wyssen; therefore the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed
Full Case Text
Judgment text and source record
1 paragraphs
Grant Forest Products Inc. v. Ontario Collection Decisions of the Court of Appeal Date 2004-06-01 Docket numbers C40675 Judges Laskin, John Ivan; Charron, Louise Vivianne; Lang, Susan Elizabeth Subject Civil Decision Content DATE: 20040601 DOCKET: C40675 COURT OF APPEAL FOR ONTARIO RE: GRANT FOREST PRODUCTS INC. (Appellant) -and - HER MAJESTY THE QUEEN (ONTARIO MINISTRY OF LABOUR) (Respondent) BEFORE: LASKIN, CHARRON and LANG JJ.A. COUNSEL: Cheryl A. Edwards for the appellant Wes Wilson and Shaun Nakatsuru for the respondent HEARD & ENDORSED: May 31, 2004 On appeal from the judgment of Justice John S. Poupore of the Superior Court of Justice dated July 24, 2003 allowing in part the appeal of the conviction entered and sentence imposed by Justice Paul R. Bélanger of the Ontario Court of Justice on July 26, 2002. APPEAL BOOK ENDORSEMENT [1] Substantially for the reason of Justice Bélanger we agree that the definition of "employer" in section 1 of the Occupational Health and Safety Act is not overbroad. Moreover, we see no reason to revisit this court's majority decision in R. v. Wyssen. The appeal is therefore dismissed.