This case was heard in the Provincial Court of Nova Scotia.
Douglas Projects International Incorporated ("Douglas Projects") and its director, Mr. Douglas, were charged with five charges under Nova Scotia’s Environment Act. A fire on a property owned by Douglas Projects revealed a problematic oil tank that seemed to be leaking oil into the surrounding area. The Department of Environment ordered Mr. Douglas to undertake remediation of the site, but Mr. Douglas did not comply with the Ministerial Order.
When he was formally charged with offences under the Environment Act, Mr. Douglas argued, among other things, that the Crown had not proven beyond a reasonable doubt that the contamination had come from the oil tank on his property, and that even if it had come from his property he had done his due diligence and so should not be convicted. After considering the evidence and the relevant law and legal principles, the Court rejected Mr. Douglas’s arguments and convicted him on all five charges.