Court of Appeal for Saskatchewan Docket: CACR3244 Citation: R v Envirogun Ltd. , 2023 SKCA 80 Date: 2023-07-07 Between: Envirogun Ltd. and Clint Kimery Applicants/Appellants (Appellants) And His Majesty the King Respondent/Respondent (Respondent) Before: Richards C.J.S., Jackson and Leurer JJ.A. Disposition: No further order to be made Written reasons by: The Honourable Chief Justice Richards In concurrence: The Honourable Madam Justice Jackson The Honourable Mr.

Justice Leurer On appeal from: 2019 SKQB 89 , Regina Appeal heard: September 20, 2022 Counsel: Breeanna Gebhart for the Appellants Pouria Tabrizi-Reardigan for the Respondent Richards C.J.S. [ 1 ] In its decision of May 1, 2023, the Court provided as follows in paragraph 85 thereof: [85] Accordingly, the Crown is directed to make submissions as to how each of the dates in the remediation order should be amended and to serve and file those submissions on or before the 21st day after this decision is released. They need effect service only on Mr. Kimery. That will be service on Envirogun as well.

The appellants are directed to serve and file their submissions on this issue on or before 14 days after the Crown’s submission is served on them. Counsel should feel free to employ a letter format, as opposed to preparing formal briefs, if that would be more convenient. [ 2 ] The Crown has responded by indicating, among other things, that a subsequent owner has remediated the property in issue and that there is therefore no practical reason to extend the deadlines by which Envirogun Ltd. and Mr. Kimery were to have taken the various actions prescribed by the EPO. Neither Envirogun Ltd. nor Mr.

Kimery made a submission. [ 3 ] In light of the situation described by the Crown, and noting but not commenting on the merit of the jurisdictional-type issues raised by the Crown, the Court has decided that it will not make an order adjusting the dates by which Envirogun Ltd. and Mr. Kimery were to have taken the actions noted in the EPO. “Richards C.J.S.” Richards C.J.S. I concur. “Jackson J.A.” Jackson J.A. I concur. “Leurer J.A.” Leurer J.A.