This case was heard in the Provincial Court of Nova Scotia.
Mr. Milligan contracted to sell top soil from property that he owned. Mr. Milligan required a permit to remove topsoil from the property, and although he had at one point initiated the permit application process, he had not completed the process, and his incomplete application had been rejected by the Department of Environment. Mr. Milligan went ahead with the topsoil removal despite not having a permit, and he was charged under the provincial Environment Act with having engaged in “an activity designated by regulations as requiring an approval when he did not hold the appropriate approval.”
After the Court convicted Mr. Milligan, this further decision was required to determine the size of the fine that Mr. Milligan would receive.
To read about other decisions related to this case, go to R. v. Scott Milligan, 2004 NSPC 9 (CanLII) and R. v. Milligan, 2005 NSSC 22 (CanLII).