HIGHLIGHTS
- The Ontario Superior Court of Justice Divisional Court has upheld a decision of the Normal Farm Practices Protection Board which concluded that the importation and placement of fill (soil and earth) to establish an apple orchard in the Town of New Tecumseth to be a "normal farm practice". The land was zoned agricultural however the Town had prohibited the importation and placement of fill pursuant to a Town Bylaw. The Board's decision reversed the Town's ruling, because the Ontario Farming and Food Production Protection Act provides that "no municipal bylaw applies to restrict a normal farm practice carried on as part of an agricultural operation". The Court's decision considers the standard of review, and the deference to be afforded to the Board, with respect to Board decisions. (New Tecumseth (Town) v. Snieg, CALN/2018-004, [2018] O.J. No. 422, Ontario Superior Court of Justice)
- The Ontario Court of Appeal has held that the Federal Crown Liability and Proceedings Act barred a claim by a cattle farmer for consequential damages for loss of business and reputation where the farmer had already received compensation for the market value of damages for cattle which were directed to be destroyed pursuant to the Health of Animals Act. The farmer had been directed to destroy a number of cattle from his herd who were infected with anaplasmosis. He received compensation from the government for the market value of the cattle. The farmer claimed that the Federal Government was negligent in permitting the importation of foreign cattle into his herd which were infected with anaplasmosis, and sought additional damages for loss of business and reputation. (Vancise v. Canada (Attorney General), CALN/2018-005, [2018] O.J. No. 16, Ontario Court of Appeal)
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