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.
