Michael Tadros

The Ontario Court of Justice dismissed the appeals against conviction of Mehendran Kandiah and Rhenu Jewellery Inc. for violating COVID-19 public health orders but allowed the sentence appeals, reducing the fines imposed.

The court found no loss of jurisdiction despite procedural irregularities and emphasized the importance of specific and general deterrence in regulatory offences, especially during a public health crisis.

The decision highlights the court's approach to jurisdictional challenges, the admissibility and impact of fresh financial evidence on sentencing, and the balancing of deterrence with proportionality and restraint in fines for corporate and individual offenders.

The defendant, Baldev Kumar (Dave) Madan, and his numbered company 0558154 B.C. Ltd. were charged with failing to comply with Provincial Officer's Orders issued under the Environmental Protection Act.

The orders required the defendants to retain qualified waste management professionals to assess and classify waste at two Hamilton properties (249 Hess Street North and 245 Catharine Street North) by specified deadlines in 2010.

The Crown proved that the defendants owned the properties, which contained hazardous waste materials including drums of unknown liquids, electroplating chemicals, and other industrial waste.

The defendants failed to comply with the orders and provided no credible evidence of having retained qualified professionals.

The court found the defendants guilty of strict liability offences and rejected the due diligence defence, as the defendants failed to demonstrate reasonable efforts to comply with the orders.