2 total
The Court of Appeal upheld the Town's convictions for damaging endangered Piping Plover habitat through beach maintenance.
The Town of South Bruce Peninsula appealed its conviction for damaging Piping Plover habitat under the Endangered Species Act, 2007.
The appeal raised issues regarding the interpretation of "damage" under the Act and the admissibility of expert evidence from a Ministry biologist.
The Court of Appeal dismissed the appeal, upholding the lower court's interpretation of "damage" as including actions that make habitat less attractive, useful, or valuable from the species' perspective, and affirming the admissibility of the expert's evidence, despite concerns about impartiality, as the trial judge's decision was entitled to deference and the evidence of another expert was sufficient.
Leave to appeal granted to clarify habitat damage under the Endangered Species Act.
The Town of South Bruce Peninsula sought leave to appeal convictions for damaging piping plover habitat under the Endangered Species Act, 2007.
The Town argued the lower courts erred in interpreting 'damage' to habitat and in applying the test for expert evidence admissibility in a regulatory offence.
The Court of Appeal granted leave to appeal on both questions, finding the interpretation of 'damage' to be a serious legal question with broad public interest implications, and guidance on expert evidence in a regulatory setting to be appropriate.
