The defendants were charged with five counts of importing engines without evidence of conformity as required by the Canadian Environmental Protection Act.
The Crown alleged importation of seven small spark-ignition engines and five diesel engines mounted in tractors.
The court found that while the Crown proved the importation of tractors and that the engines were of a prescribed class, it failed to prove beyond a reasonable doubt that all engines had a model year of 2006 or later (for tractors) or 2005 or later (for small engines), which was an essential element of the offence.
The court convicted on one count relating to a tractor engine but acquitted on the remaining counts.
