Darrell N. Hawerliak

The defendants were charged with violating the Huron County Conservation By-Law by destroying trees in a woodland and failing to comply with a stop work order.

The prosecution proved that approximately 6.8 acres (2.75 hectares) of woodland containing thousands of trees was destroyed between March and July 2023, and that burning and grading activities continued after a stop work order was issued on June 8, 2023.

The court found that the cleared area met the statutory definition of woodland under the by-law and convicted both defendants on both counts.

Following conviction for violating the Huron County Conservation By-Law 38-2013 (Forest Conservation By-Law) by destroying a woodland and failing to comply with a stop work order, the court imposed significant monetary penalties and a two-year probation order.

The defendants were found guilty of destroying approximately 10,450 trees on property owned by the corporation and directed by the sole director.

The court rejected the defendants' arguments that the proposed fines were excessive and found substantial aggravating factors, including prior knowledge that the land could not be cleared and continued destruction after a stop work order was issued.