The Halton Region Conservation Authority appealed the sentencing decision imposed on the respondents for contravening the Conservation Authorities Act by undertaking unauthorized development in a designated erosion hazard zone.
The respondents had applied for permission to construct a lakeside addition to their property in Burlington, which was denied.
Despite the denial and subsequent stop work orders, they proceeded with construction and completed the addition.
The trial judge imposed fines of $5,000 each and a probation order requiring seawall reconstruction, but did not order removal of the unauthorized structure.
The appellate court found the sentence demonstrably unfit and allowed the appeal, setting aside the fines and imposing an order for removal of the lakeside addition at the respondents' expense.
