Ontario (Labour) v. Norwall Group Inc.
There was no evidence of actual, irremediable prejudice to the respondent’s ability to make full answer and defence; therefore the appeal is allowed and the matter must be remitted to the trial court for trial.
Source-derived case information.
- Citation
- 2008 ONCA 235
- Parties
- Appellant: Her Majesty the Queen in Right of Ontario (Ministry of Labour); Respondent: Norwall Group Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 3 April 2008
- Procedural Posture
- Civil / Appeal to Court of Appeal From Superior Court; Remitted to Trial Court for Trial
- Outcome
- Appeal allowed; matter remitted to the trial court for trial.
- Legal Topics
- Prejudice to Ability to Make Full Answer and Defence, Remittal to Trial Court, Stay/dismissal for Prejudice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen in Right of Ontario (Ministry of Labour)
Appellant
Norwall Group Inc.
Respondent
Procedural Posture
Civil / Appeal to Court of Appeal From Superior Court; Remitted to Trial Court for Trial
Legal Issues
- 1 Whether there was evidence of actual, irremediable prejudice to the respondent’s ability to make full answer and defence
- 2 Whether the trial judge erred in inferring prejudice from the nature of the allegations and the fact that employees no longer worked for the employer
- 3 Whether the proper remedy is dismissal or remittal for trial
Ratio Decidendi
There was no evidence of actual, irremediable prejudice to the respondent’s ability to make full answer and defence; therefore the appeal is allowed and the matter must be remitted to the trial court for trial.
Court Disposition
Appeal allowed; matter remitted to the trial court for trial.
Orders
- Appeal allowed
- Matter remitted to the trial court for trial
Full Case Text
Judgment text and source record
1 paragraphs
Ontario (Labour) v. Norwall Group Inc. Collection Decisions of the Court of Appeal Date 2008-04-03 Neutral citation 2008 ONCA 235 Docket numbers C47580 Judges Doherty, David H.; Moldaver, Michael James; Cronk, Eleanore Ann Subject Civil Decision Content CITATION: Ontario (Labour) v. Norwall Group Inc., 2008 ONCA 235 DATE: 20080403 DOCKET: C47580 COURT OF APPEAL FOR ONTARIO DOHERTY, MOLDAVER and CRONK JJ.A. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO (MINISTRY OF LABOUR) Appellant and NORWALL GROUP INC. Respondent Wes Wilson and Sidney Peters for the appellant Adrian Miedema and Naomi Horrox for the respondent Heard: April 2, 2008 On appeal from the decision of Justice F. Dawson of the Superior Court of Justice dated June 19, 2007. APPEAL BOOK ENDORSEMENT [1] There is no evidence of actual, irremediable prejudice to the respondent’s ability to make full answer and defence. Neither the nature of the allegations in the charges, nor the fact that the employees no longer worked for the employer, standing alone or together, justifies any inference of actual prejudice to the ability to make full answer and defence. [2] Accordingly, the appeal is allowed and the matter is remitted to the trial court for trial.