The appellant, Harvey Colin Quinlan, appealed a sentence of a $40,000 fine and 12 months probation for violating s. 8(1) of the Building Code Act by commencing construction without a permit.
The appellate court found the original sentence demonstrably unfit and based on errors in principle, as it fell outside the established jurisprudential range of $500-$5000 for similar first offences.
The court emphasized the importance of considering mitigating factors, such as the appellant's self-reporting, efforts to mitigate harm by hiring an engineer, and pro-social motive (providing low-cost housing for vulnerable seniors), which the trial judge had largely ignored.
The appeal was allowed, and the fine was reduced to $2,000, while the probation term remained.