Man fined $20K for lighting fire that burned 1 hectare in East Preston, N.S., last year

A lawyer enters the Nova Scotia Provincial Court on Spring Garden Road in Halifax. (Source: Jesse Thomas/CTV News Atlantic)

A man who pleaded guilty for starting a fire that escaped containment and burned one hectare in East Preston, N.S., last year is receiving a $20,000 fine.

In a written decision, Judge Timothy G. Daley said Oliver Jacob Kasdan pleaded guilty to violating section 23(3) of the Forests Act, which says no one can ignite, maintain or make use of an open fire during the fire season unless permitted by regulations.

According to the agreed-upon facts, Kasdan lit a fire to burn wood debris on his property at Lake Eagle around 5 p.m. on May 14, 2025, two hours before such fires could be lit. The fire soon escaped containment and spread to a wooded area, prompting fire crews and provincial conservation officers to attend the scene.

The fire burned roughly one hectare and cost $1,346.26 to extinguish.

“Mr. Kasdan quickly acknowledged directing the lighting of the fires and was cooperative with the authorities throughout their investigation,” the decision reads. “I find that the actual damage was modest, but I must also consider the potential harm, which I find to be significant.

“As Crown correctly points out, this is precisely the type of risk the legislation is intended to prevent.”

Judge Daley noted the Crown was seeking a $28,872.50 fine and a restitution order that would cover the extinguishment costs. The defence agreed with the restitution order, but argued the fine should be $3,000.

“The Crown argues that a significant factor for the court to consider is that, under the applicable fine schedule, the amount of $28,872.50 applies to every out-of-court settlement for every fire related offence under the Forests Act,” the decision reads. “Crown argues that the proposed fine, which is equal to this, is appropriate in circumstances and the quantum proposed by the Defence undermines the objective of the legislation.

“The difficulty with this approach is that the fine schedule applies to matters that are resolved before being brought before the court for consideration. The approach of the Crown would impose a mandatory minimum fine schedule on the court, something which is not found in the legislation.”

Judge Daley said Kasdan has a “high degree of moral culpability” for setting a fire when expressly prohibited from doing so. Defence counsel noted Kasdan failed to check the online portal that day to confirm the lawful and unlawful times for burning.

“I find this was not an act of intentional environmental harm,” the decision reads. “I accept that Mr. Kasdan normally would check those schedules and failed to do so on that date.

“I also find this is more than a ‘due diligence near miss’ in that he had the opportunity to check online for the correct timing and failed to do so. That failure led to the burning of approximately 1 hectare of forest, and it is only through the effort of HRM fire and other services that this did not turn into a catastrophic event similar to 2023.

“I find it reflects a serious departure from the standard of care expected of any person in Nova Scotia during a period of heightened wildfire risk such as this.”

Judge Daley said the public must be deterred from engaging in risky behaviour, including lighting fires during prohibited periods.

“Though I do accept that Mr. Kasdan is remorseful for his actions, that it was not his intent to cause the damage that resulted and that he is of modest means, that does not significantly impact my assessment of the need to emphasize specific deterrence,” the decision reads.

Judge Daley fined Kasdan $20,000, which he must pay in five years. He will also have six months to pay the $1,346.26 restitution order.

Kasdan was ordered to complete the FireSmart 101 online course offered by FireSmart Canada.

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