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

After the ship Tahkuna spilled roughly 1,000 litres of fuel during refuelling operations at Harbour Grace, the ship’s owners were charged with offences under the Oil Pollution Prevention Regulations and the Canada Shipping Act. The ship’s owners were convicted and fined $20,000 by the Provincial Court of Newfoundland and Labrador, and they appealed their sentence in the Supreme Court of Newfoundland and Labrador, arguing that the fine was excessively high under the circumstances. After considering the reasoning of the Trial Judge, the Court held that the sentence was not demonstrably unfit. It therefore dismissed the appeal.

View the Decision on CanLII: https://www.canlii.org/en/nl/nlsctd/doc/2002/2002canlii54007/2002canlii54007.html

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