Bryan Buttigieg

The Crown applied for special leave to appeal a decision upholding a non-suit in a prosecution against Petro Canada.

The Crown argued that the Justice of the Peace erred in refusing to admit a letter and its enclosures into evidence.

The Court of Appeal denied special leave, noting that while the Justice of the Peace may have erred in excluding the evidence, the case did not warrant special leave.

The Crown appealed a decision regarding charges against the respondent under the Environmental Protection Act and the Ontario Water Resources Act.

Following further submissions, the Court of Appeal concluded that errors of law relating to the due diligence defence applied equally to both charges.

Pursuant to s. 125 of the Provincial Offences Act, the Court ordered that the OWRA charge be retried together with the EPA charge.