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ARTICLE · 28 JULY 2014

Agricultural Law NetLetter - Monday, July 21, 2014 - Issue 304

Miller Thomson
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A Justice of the Nova Scotia Supreme Court has held that herbicide spray drift is an "other disturbance" within the meaning of s. 10 of the Nova Scotia Farm Practices Act.

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
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** HIGHLIGHTS **

  • A Justice of the Nova Scotia Supreme Court has held that herbicide spray drift is an "other disturbance" within the meaning of s. 10 of the Nova Scotia Farm Practices Act. Consequently, the Act requires plaintiffs who allege they have been damaged by herbicide spray drift on the grounds of a farmer's negligence or on the grounds of nuisance to first bring an application to the Farm Practices Board to determine whether the agricultural operation complied with "normal farm practices". The Board's finding on this point (which is subject to a right of appeal) binds the plaintiff, who can only bring an action if the Board concludes that the farmer did not comply with "normal farm practice". [Editor's note: The Court indicated that this was the first Canadian case in which this issue was considered. The Court reviews herbicide spray drift decisions from other provinces.]. (Nauss v. Waalderbos, CALN/2014-025, [2014] N.S.J. No. 397, Nova Scotia

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