This case was heard in the Nova Scotia Court of Appeal.

Vac Daniels Limited (“Vac Daniels”) contracted to dispose of 5,400 gallons of hazardous fluid waste. After removing the waste from the facility that had arranged to have it carried away for disposal, Vac Daniels refused to reveal what it had done with the waste. Under the authority of the provincial Environmental Protection Act, investigators demanded information about the whereabouts of the waste. Vac Daniels eventually provided the investigators with some information, but it was deemed insufficient and Vac Daniels was charged and convicted of failing to provide information.

Upon conviction, Vac Daniels appealed the fine that had been imposed, arguing that it was too high under the circumstances. After consideration, the Court held that the fine was proper, and it dismissed the appeal.

View the Decision on CanLII: https://www.canlii.org/en/ns/nsca/doc/1997/1997canlii14981/1997canlii14981.html

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