R. v. Loomis

R. v. Loomis

The Crown failed to prove beyond a reasonable doubt that materials used in construction were placed on or over Crown land below the ordinary high water mark; accepted evidence established a pre-existing rock outcropping included in the defendant's surveys and photographs and that the defendant built at or above the...

Source-derived case information.

Citation
2006 NSPC 14
Parties
Crown: Her Majesty the Queen; Defendant: Gordon Frederick Loomis
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
31 March 2006
Procedural Posture
Criminal (provincial Regulatory Offence Crown Lands Act) / Trial Judgment (provincial Court Decision)
Outcome
Acquittal - defendant found not guilty
Legal Topics
Due Diligence Defence, Ordinary High Water Mark (ohwm), Permit Compliance, Definition of 'on or Over', Possessory Rights Vs. Crown Ownership
Source Language
english
Crown Lands Law Environmental/regulatory Law Property Law Administrative Law Criminal Law (strict Liability) Due Diligence Defence Ordinary High Water Mark (ohwm) Permit Compliance +2 more

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Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

Gordon Frederick Loomis

Defendant

Procedural Posture

Criminal (provincial Regulatory Offence Crown Lands Act) / Trial Judgment (provincial Court Decision)

Legal Issues

  1. 1 Whether the defendant deposited or dumped materials on or over Crown lands without permission contrary to s.38(1)(c) of the Crown Lands Act
  2. 2 Whether the defendant acted with due diligence and can rely on the defence of due diligence
  3. 3 Location and legal significance of the ordinary high water mark

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that materials used in construction were placed on or over Crown land below the ordinary high water mark; accepted evidence established a pre-existing rock outcropping included in the defendant's surveys and photographs and that the defendant built at or above the OHWM and took reasonable steps (including using a surveyor at high tide) to ensure compliance; as a strict liability offence the defendant successfully established due diligence on the balance of probabilities, requiring acquittal.

Court Disposition

Acquittal - defendant found not guilty

Orders

  • Acquittal entered on the record