This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).

The Provincial Court of New Brunswick convicted Day & Ross Inc. of having failed to report an oil spill that could result in or increase water pollution, whether directly or indirectly, contrary to New Brunswick's Clean Environment Act. Although the Provincial Court had decided that the oil spill caused by Day & Ross Inc. “could likely result in water pollution,” the Court of Queen’s Bench found that the scientific evidence presented at trial seemed to contradict that conclusion. As a result, it ordered a new trial.