The corporate appellant appealed its conviction and sentence after pleading guilty to illegally clear-cutting 1.45 hectares of mature woodland in violation of a municipal tree by-law.
The appellant argued the plea was uninformed and pressured, and that the $1,000,000 fine exceeded the maximum allowable under the Municipal Act.
The Ontario Court of Justice dismissed the conviction appeal, finding the plea was voluntary, unequivocal, and informed, and that the appellant's claims of ignorance were incredible given prior negotiations.
The sentence appeal was also dismissed, as the by-law validly created a multiple offence and special fine under the Municipal Act, and the substantial fine was fit given the deliberate and egregious destruction of protected habitat.
