Radiohead, a British band, was scheduled to perform at a concert in Toronto at Downsview Park on June 16, 2012. A number of hours prior to the start of the concert, the stage superstructure collapsed. Scott Johnson, a drum technician, died. Three other workers were seriously injured.

On June 6, 2013, the Ontario Ministry of Labour laid charges against a number of parties under the OHSA including Live Nation Canada, Optex Staging and Services and the professional engineer who provided advice and engineering drawings and certification, Domenic Cugliari.

The case was serious and complex. It proceeded to trial in November 2015, before Justice Nakatsuru. Although there had been an application for delay after the Jordan decision was released by the Supreme Court of Canada in early July 2016, it was rejected by the first trial judge. However, on April 12, 2017, weeks before the final, closing argument was to be made on the trial, Justice Nakatsuru was appointed to the Ontario Superior Court of Justice. As a result, and under directions from the federal Department of Justice not to do any further work on any matter, Justice Nakatsuru ruled that he had no jurisdiction to continue the trial and declared a mistrial.

The mistrial resulted in the appointment of a new trial judge and new court dates. On Sept. 5, 2017, Justice Nelson stayed all charges against the accused and said, in summarizing her ruling, “(This) signals a failure on the part of the administration of justice. Such a failure impairs the reputation of our justice system. In a case such as this one, that failure also has a significant negative impact on the parties, those injured as a result of the stage collapse and most notably on the family of Scott Johnson. No doubt this decision will be incomprehensible to Mr. Johnson’s family who can justifiably complain that justice has not been done.”

The policy and practise of the Department of Justice and the federal government to not allow Justice Nakatsuru to complete the trial, which was in its final stages, was bizarre and inexplicable. In her reasons for judgment, Justice Nelson points out that Justice Nakatsuru would have known that he was presiding over this trial when he applied to the Superior Court bench thus risking the mistrial. Additionally, the provincial government failed to pass legislation which would have permitted Justice Nakatsuru to complete the trial.