Laura Nemchin

The Director of the Ministry of the Environment appealed a decision of the Environmental Review Tribunal that revoked remedial orders against a former corporate officer (Lee) and an innocent current property owner (Montague) regarding historical contamination.

The Divisional Court allowed the appeal regarding Lee, finding the Tribunal erred in law by applying too narrow a test for 'management or control' and failing to consider his liability for waste removal.

The appeal regarding Montague was dismissed, as the Tribunal correctly found she did not cause or permit the discharge and properly exercised its discretion on fairness grounds to relieve her of financial responsibility for the cleanup.

The respondent was acquitted of operating a heavy diesel-fuelled motor vehicle that contravened emission standards under O. Reg. 361/98.

The justice of the peace acquitted the respondent because the Crown had not proved the Drive Clean Guide, which was incorporated by reference into the regulation.

The Crown appealed.

The Court of Appeal allowed the appeal, holding that under s. 5(4) of the Regulations Act, the justice of the peace was required to take judicial notice of the regulation and the Guide incorporated within it.

The acquittal was set aside and a conviction entered.