Leave to appeal granted to determine if a building permit constitutes a defence to prosecution under the Conservation Authorities Act.
The Maitland Valley Conservation Authority and the Attorney General for Ontario sought leave to appeal a Provincial Court decision dismissing a prosecution against the respondents for constructing a building on a swamp without written permission.
The respondents had obtained a building permit from the municipality, and the Provincial Court judge found they could successfully assert the defence of officially induced error.
The Court of Appeal granted leave to appeal, finding that the legal effect of a building permit as a defence to prosecution under another Act raises a question of law of broad public significance.
Maitland Valley Conservation Authority v. Cranbrook Swine Inc., 2001 ONCA 7314
