NS: Former Amherst employer loses appeal

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Darrell Cole
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Amherst Daily News

Court ordered company to pay $22,500 in court costs.

Premier Darrell Dexter with Stephen Ross, general manager, Cherubini Metal Works at the company's site in Darthmouth in this file photo

[AMHERST, NS] - Cherubini Metal Works has lost its appeal of a 2009 Supreme Court decision that dismissed the company's lawsuit against the province for alleged interference in a closed Amherst plant.

Court of Appeal Justice David P.S. Farrar ruled against the company in a 32-page decision that was handed down late last week following a hearing in February.  The court also ordered the company to pay $22,500 in court costs.

While company lawyers argued the province's Occupational Health and Safety Division failed to act in good faith in its dealings with Amherst Fabricators, Farrar agreed with the trial judge's findings  in that there was no malice exhibited by the Department of Enivronment and Labour and its actions were carried out to meet the purposes of the public safety legislation.

"These finding were made only after a thorough review of all the evidence by the trial judge. There is nothing in the record that would warrant our interference with this conclusion," Farrar said in his written decision. "As a result, I would dismiss this ground of appeal."

Cherubini originally filed a lawsuit against the Attorney General in August 2002, soon after it closed its operation. The company alleged the province, through its Labour Department, interfered in the economic interest in Amherst Fabricators by issuing dozens of orders.

Organizations: Daily News, Supreme Court, Department of Enivronment and Labour

Geographic location: Amherst

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