The charge is operating a pit or quarry without a license, in contravention of the Aggregate Resources Act.

Justice Christopher Peltzer presided over a hearing with Counsel for the private prosecution, Rodney Gill; Crown Counsel Brian Wilkie; and Cunningham Swan associate Spencer Putnam, representing ABNA Investments.

About 40 residents were in attendance in the gallery. 

The first order of business was determining that the defendants, ABNA Investments and a numbered Ontario corporation, had not been served a summons to appear in court.

As counsel acting on behalf of the parties to the suit, Rodney Gill had arranged for a summons to be served on January 17 to ABNA Investments and the numbered Ontario corporation that share ownership of Picton Terminals, but the summons never arrived.

Justice Peltzer assured the parties that a bench summons would be sent instead.

Crown Counsel Wilkie noted the delay simply gave the office of the Attorney General more time to review the “voluminous” file for the case and to decide if the Crown would intervene to take up the prosecution.

Mr. Gill noted in his address to the judge that initial disclosure can start being provided to the defendants. The Crown will also review to decide if there are grounds to take up the prosecution on behalf of MNRF.

“We were seeking time for Mr. Wilkie to evaluate and determine if the Crown will intervene as he is entitled to do in a private prosecution at any time,” he said.

The parties agreed to appear again in court May 16 at 9am.