“…For the reasons that follow, I am not satisfied beyond a reasonable doubt that the discharge of sound was caused or was likely to cause an adverse effect,” said Justice Nichols. “Mr. Gastmeier’s failure to measure the background noise or the ambient creates a doubt. As Mr. Gastmeier stated in his evidence, it is important to ensure that background some level is measured separately from the facility being tested.”

Justice Nichols noted that it was found that the mandatory one-hour background sound level was not completed in Gastmeier’s sound measurements and he failed to exclude various background sounds that could have effected his results, including a jet and a small plane.

Due to the prosecution relying exclusively on Gastmeier’s sound measurement evidence, which Justice Nichols said did not adhere to testing procedures, Justice Nichols stated that there was no other evidence that supported there was a loss of enjoyment of the property, an impairment of the quality of the natural environment, or any harm or discomfort caused to any person. Thus, Justice Nichols ruled that due to insufficient evidence, the charge against the Ontario Camp of the Deaf was dismissed.

Derek Rumball, camp director, said that the charge did not effect the regular programing of the camp, but that there were some adverse effects

“The charge chased away the race promoters who were basically threatened of being charged,” said Rumball. “The true cost of this is that 800 to 1,000 kids will not be ale to be subsidized the way that they could have been.”

After five years, Rumball said that it is great that the case has finally come to a close and that the camp can continue offering programs to kids.

“We’re still going to be making a difference in kids’ lives and we’re still going to be doing that with motor sports,” said Rumball.