The appellant, Trisan Construction, appealed its conviction and $20,000 fine for damaging a natural gas pipeline during an excavation project.
The appellant argued that the trial court erred in dismissing its Charter applications for pre-charge delay (abuse of process) and unreasonable delay to trial (s. 11(b)).
It also argued that the trial court erred in finding it failed to establish the defence of due diligence, and that the fine was unfit.
The Ontario Court of Justice dismissed the appeal, finding no errors in the trial justice's Charter rulings, concluding that the appellant failed to prove it took reasonable care to avoid the damage, and holding that the $20,000 fine was fit.
