The appellants, a truck driver and a trucking company, were convicted of possessing invasive fish without a licence after entering Canada with shipments of live invasive fish.
The summary conviction appeal judge ordered a new trial for the corporate appellant on the issue of identity and varied the driver's sentence.
Both appellants sought leave to appeal to the Court of Appeal.
The corporate appellant argued the appeal judge should have entered an acquittal based on an unreasonable verdict, while the driver argued the courts below erred in assessing his due diligence defence.
The Court of Appeal denied leave to appeal for both, finding no errors of law or issues of general importance.
