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

As Pennecon Ltd. was working on highway road construction, a temporary problem with the wet scrubber system caused a cloud of dust to emerge as asphalt was being prepared for the road. Two environmental inspectors noticed the problem, and Pennecon and its director, Mr. Penney, were charged under the Department of Environment and Lands Act with operating an asphalt plant unlawfully. Both Pennecon and Mr. Penney were convicted in Provincial Court, and both appealed to the Supreme Court of Newfoundland. There, the Court held that Penney’s conviction was an error in law, and the lower court's decision on that count was set aside. Pennecon's conviction was affirmed, but the Court reduced the sentence from a fine of $2,000 to a fine of $1,000, given that only minor environmental damage had been caused by the asphalt dust and the company had corrected the problem very quickly.

View the Decision on CanLII: https://www.canlii.org/en/nl/nlsctd/doc/1996/1996canlii11623/1996canlii11623.html

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