COURT OF APPEAL FOR ONTARIO

DATE: 20031022

DOCKET: C35741

RE:

HER MAJESTY THE QUEEN (Appellant) – and – PETRO-CANADA (Respondent)

BEFORE:

CATZMAN, LASKIN AND GOUDGE JJ.A.

COUNSEL:

John Semenoff

for the appellant

Bryan Buttigieg

for the respondent

HEARD:

September 12, 2002

RELEASED:

January 29, 2003

E N D O R S E M E N T

[1] We 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.

"M. A. Catzman J.A."

"John Laskin J.A."

"S.T. Goudge J.A."