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Derek Crosby Ltd. Fined $20,000 for Environmental Protection Act Violations

Court Bulletin

Derek Crosby Ltd. Fined $20,000 for Environmental Protection Act Violations

Convicted - Derek Crosby Ltd.

Court Location - Ottawa Court

Description of Offence - The convictions relate to causing a manufacturer installed system or device on a motor vehicle used to prevent or lessen the emission of any contaminant to not function in the manner in which it was intended to function when the motor vehicle was running.

Date of Offence - During the period on or about January 23, 2016 and ending on or about January 20, 2018.

Date of Conviction - November 7, 2019

Penalty Imposed - On November 7, 2019, Derek Crosby Ltd., was convicted on four violations under the EnvironmentalProtectionAct and was fined $20,000 plus a victim surcharge of $5,000 and was given one year to pay the fine. 

Background:

  • Derek Crosby Ltd., operating as D&J Transportation operates a heavy-duty transport trucking company and  also provides heavy-duty mechanical service to other trucking companies. Derek Crosby is the company's sole director. 
  • On September 5, 2018 a truck owned and operated by Thomas Cavanagh Construction Ltd., was stopped for a routine inspection of the vehicle's environmental emission controls. The vehicle failed the inspection.  
  • Ministry staff contacted the fleet manager for Thomas Cavanagh Construction Ltd., which led the company self-identifying ten addition vehicles operating with faulty environmental emission controls. 
  • On November 29, 2018 ministry staff met with the fleet manager for Thomas Cavanagh Construction Ltd. The Fleet Manager confirmed that the emission control tampering on all twelve Thomas Cavanagh Construction Ltd., vehicles was performed by Derek Crosby Ltd., operating as D&J Transport.  
  •  An investigation resulted in charges being laid which resulted in four convictions. 

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