The appellants appealed their convictions and sentences for multiple regulatory offences under the Environmental Protection Act and the Occupational Health and Safety Act following a massive propane explosion at their facility that resulted in a worker's death and widespread environmental contamination.
The appellants argued the trial judge made numerous factual and legal errors, including rejecting their defence of officially induced error and finding a lack of due diligence.
The Superior Court of Justice dismissed the conviction appeals, finding no palpable and overriding errors in the trial judge's assessment of the evidence or application of strict liability principles.
The court also dismissed the sentence appeals, upholding over $5 million in fines due to the unprecedented magnitude of the damage and the appellants' reckless conduct.
