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Legal Feeds quotes Norm Keith in an article about workplace fatality

Fasken
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“Jordan cited as reason for charge being stayed in workplace fatality” by Jennifer Brown, Legal Feeds.

Legal Feeds quotes Toronto lawyer Norm Keith in an article about the Ontario Ministry of Labour workplace fatality case, R v Jordan.

“While there have been a couple of other stays issued under Jordan, Fasken Martineau DuMoulin LLP lawyer Norm Keith predicts there may be more to come.

“I think prosecutors at the Ministry of Labour and other government departments have not been paying attention to corporations who are in the process of being prosecuted simply because they assumed maybe that Jordan didn’t apply, but this case definitively asks does Jordan supersede CIP [R. v. CIP Inc.], which sets a higher test for prejudice for a corporation than an individual.

“CIP basically said you can’t presume prejudice just because of a long delay under s. 11(b) — you have to prove as the corporate defendant that you have suffered irremediable prejudice,’ says Keith, who represented Stephenson’s Rental in the case.”

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