This case was heard in the Supreme Court of Newfoundland (Trial Division).

Tors Cove Excavating Ltd. diverted a watercourse on its property, and did so without a permit. The Crown issued a stop work order, but when the matter came to trial in the Provincial Court, the Trial Judge found that the Crown had no right to issue a stop work order based solely on the company’s lack of a permit. The Crown appealed, but the Supreme Court of Newfoundland dismissed the appeal and upheld the lower court’s decision.