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The Court of Appeal allowed the appeal and set aside the conviction on consent.
This is an appeal from a conviction where the respondent, Her Majesty the Queen, consented to the appeal being allowed and the conviction being set aside.
As a consequence, the charge against the appellant was withdrawn.
Appeal allowed and matter remitted to Fire Safety Commission due to failure to provide reasons.
The appellant appealed a decision of the Fire Safety Commission upholding an Inspection Order that imposed conditions on burning brush on his farm.
The appellant argued the Inspector lacked jurisdiction and that the Commission's decision was procedurally unfair because it failed to provide reasons for upholding the conditions.
The Divisional Court found the Inspector had jurisdiction but agreed that the Commission's failure to provide reasons regarding the reasonableness of the conditions breached the duty of procedural fairness.
The appeal was allowed and the matter remitted to the Commission for reconsideration.
