R. v. Petro-Canada, 2003 CanLII 46729 (ON CA)

E N D O R S E M E N T

1We have considered the further submissions of the parties in this matter. We conclude that since the errors of law we have found relate to the due diligence defence, which would be equally applicable to the charges under the Environmental Protection Act, R.S.O. 1990, c.E. 19 and the Ontario Water Resources Act, R.S.O. 1990, c.O 40, justice dictates that the OWRA charge be retried together with the EPA charge. Pursuant to s. 125 of the Provincial Offences Act, R.S.O. 1990, c.P. 33 we so order.