The defendants, as property owners in a regulated area adjacent to Lake Simcoe, undertook development without proper authorization from the Lake Simcoe Region Conservation Authority.
Specifically, they constructed gabion basket retaining walls not in accordance with the approved permit (which specified granite boulder walls) and built a two-storey shed without obtaining any permit.
The court found the defendants guilty of violating Ontario Regulation 179/06 under the Conservation Authorities Act.
The defendants' defences of officially induced error of law and due diligence both failed on the evidence.
