Question juridique clé
Whether the appellate court's assessment of the photos and witness evidence was arbitrary
Solution extraite
No. The photos and witness statements permitted the conclusion that a former meadow track had been upgraded and that the dumping area was in the forest.
Motifs extraits
The Federal Court held that the photographs, their captions, the witness's local knowledge, and the defendant's own testimony sufficiently supported the factual findings; the appellant merely disputed the evidentiary weight without showing manifest unreasonableness.