R. v. Douglas Projects International

R. v. Douglas Projects International

The court accepted circumstantial and expert evidence (including dye testing and staining) proving beyond a reasonable doubt that the oil originated from the on-site barrel and caused or could cause significant adverse effects; the accused failed to prove due diligence on the balance of probabilities and failed to comply with inspector orders, and both the corporation and Mr. Douglas are criminally liable as persons responsible under the Environment Act, warranting convictions on all counts.

Citation
2008 NSPC 76
Parties
Prosecution: R.; Defendant Corporation: Douglas Projects International; Defendant Individual: Robert W. B. Douglas
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
8 October 2008
Procedural Posture
Criminal Environmental (nova Scotia Environment Act) / Trial Judgment
Outcome
Convictions entered against Douglas Projects International and Robert W. B. Douglas on all six charges.
Legal Topics
Pollution, Failure to Comply With Environmental Orders, Strict Liability Offences, Due Diligence Defence, Corporate / Director Liability
Source Language
English
Environmental Law Criminal Law Administrative/regulatory Law Pollution Failure to Comply With Environmental Orders Strict Liability Offences Due Diligence Defence Corporate / Director Liability

Case Brief

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Parties

R.

Prosecution

Douglas Projects International

Defendant Corporation

Robert W. B. Douglas

Defendant Individual

Procedural Posture

Criminal Environmental (nova Scotia Environment Act) / Trial Judgment

Legal Issues

  1. 1 Whether the spilled oil originated from the defendants' on-site oil tank
  2. 2 Whether the substance caused or may cause significant adverse environmental effects
  3. 3 Whether the defendants took all reasonable measures / established due diligence on the balance of probabilities

Ratio Decidendi

The court accepted circumstantial and expert evidence (including dye testing and staining) proving beyond a reasonable doubt that the oil originated from the on-site barrel and caused or could cause significant adverse effects; the accused failed to prove due diligence on the balance of probabilities and failed to comply with inspector orders, and both the corporation and Mr. Douglas are criminally liable as persons responsible under the Environment Act, warranting convictions on all counts.

Court Disposition

Convictions entered against Douglas Projects International and Robert W. B. Douglas on all six charges.

Orders

  • Convictions entered on all six charges against Douglas Projects International and Robert W. B. Douglas.