The sole corporate officer and director of Green Diesel Canada Ltd. has gone to jail, because his company breached a court order to pay restitution for illegal dumping.
In 2013, Green Diesel Canada Ltd. had been convicted of several charges, contrary to the Environmental Protection Act, for intentionally dumping thousands of litres of waste oil/grease into a municipal ditch. The City of Hamilton had had to pay to clean up the oil and grease. As part of a joint submission on sentence, Green Diesel had been ordered to pay the City restitution of $25,371, on top of a $120,000 fine. Green Diesel's sole officer and director, Julian Lothringen, had been in court (representing himself and his company) and he had told the court that his company would pay the restitution that very day. As part of the plea bargain, personal charges against Mr. Lothringen were withdrawn.
Green Diesel did not pay. Two years later, it still owed the City $16,641.11. Both Green Diesel and Mr. Lothringen also owed large sums for unpaid fines for various environmental offences.
The Ministry of the Environment and Climate Change charged Green Diesel under s. 186(2) of the EPA with failing to comply with the 2013 court order. Mr Lothringen was charged with failing to take all reasonable care to prevent the corporation from contravening the 2013 court order. They pled not guilty, but both were convicted.
The company was fined $20,000, exclusive of VFS. Mr. Lothringen was fined $5000, plus the victim fine surcharge, and ordered to serve five days in jail. 2013 CarswellOnt 19009
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