519 672 2121
Close mobile menu

Now that mandatory minimum environmental fines are so high, courts occasionally refuse to impose them.  For example, in R v. KIE Farms Ltd., a justice of the peace refused to impose a $25,000 minimum fine on a local farm, even though seepage from its corn silo made a local  watercourse toxic to fish.

The company pleaded guilty to discharging silage seepage into an agricultural drain, contravening the  Ontario Water Resources Act.  The silage seepage made the drain water black-coloured and smelly.  Total ammonia concentrations exceeded acute lethality levels for fish, and high BOD and phosphorus levels were found.

The Court has discretion under s. 59(2) of the Provincial Offences Act to refuse to impose a minimum fine.  The Court considered that specific deterrence was not required, noting the company’s quick actions to mitigate,  at a cost of over $500,000.  The company had cooperated with the MOE, acknowledged its fault and shown remorse. The business was well-run, with a strong community relationship and respect for the environment.  Nor was there  proof of actual harm to aquatic life.

Fine imposed: $8000 + VFS.

In another example,  R. v. Conrad Larocque, a Justice of the peace refused to impose the $5000 minimum penalty on an individual who spilled oil from a waste oil tank, initially hid it and lost his job as a result. Mr. Larocque showed remorse, worked long hours to clean up the spill, pleaded guilty at the first opportunity, had suffered embarrassment in his community, and was unemployed and receiving social assistance. Penalty: Suspended sentence

News & Views

Blog

The more you understand, the easier it is to manage well.

View Blog

What to expect at mediation

Your lawyer has told you that the other side has agreed to mediate your case. The date of th…

Important changes to automobile insurance

On October 16, 2024, the Ontario Government confirmed an amendment to the Insurance Act, and…