Derek Moran
164. Fair hearing
(4) Without limiting the generality of subsection (3), that subsection does not preserve the validity of the proceeding if the failure to comply with the agreement results in PREJUDICE to the DEFENDANT'S RIGHT to a FAIR HEARING.
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#BK207