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ARTICLE · 04 OCTOBER 2014

Herbicide Spray Drift A "Normal" Farm Practice?

Organic farmers in Nova Scotia filed a lawsuit against a neighbouring farm for damages allegedly caused by a herbicide which drifted onto their property.

CanadaEnvironment

Organic farmers in Nova Scotia filed a lawsuit against a neighbouring farm for damages allegedly caused by a herbicide which drifted onto their property. In particular, the plaintiffs claimed that the herbicide caused damage to their crops, the miscarriage of four horses, and personal injury.

The defendant farmer claimed immunity under section 10(1) of Nova Scotia's Farm Practices Act which protects farmers from any civil action in "nuisance, negligence or otherwise, for any odour, noise, dust, vibration, light, smoke or other disturbance resulting from an agricultural operation." The action was stayed pending a ruling from the Farm Practices Board as to whether the activities in question constituted "normal farm practice."

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