The appellant, Consbec Inc., appealed a sentencing decision arising from a guilty plea to permitting a blast that carried fly rock beyond the limits of a quarry property in violation of the Environmental Protection Act.
The trial Justice of the Peace imposed a fine and a restitution order of $10,000 to compensate for damage to a neighboring well.
The appellant challenged the qualification of the Crown's expert witness and the sufficiency of reasons for the decision.
The appeal court upheld the trial decision, finding that the expert qualification was properly exercised and that the reasons, while not extensive, were sufficient to support the conclusion that the blast caused damage to the well water quality.
