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ARTICLE · 15 MARCH 2017

Agriculture Law Netletter - February 21, 2017 - Issue 366

Miller Thomson
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Miller Thomson

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A Justice of the New Brunswick Court of Appeal has granted a permanent injunction enjoining a cattle farmer from piling or spreading manure within 300 metres of a neighbouring land owners' residence;

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

* A Justice of the New Brunswick Court of Appeal has granted a permanent injunction enjoining a cattle farmer from piling or spreading manure within 300 metres of a neighbouring land owners' residence; from feeding or pasturing cattle on certain lands adjoining the neighbour's property, and from allowing cattle to escape onto the neighbour's property. The New Brunswick Farm Practices Review Board had previously concluded that some of the farmer's practices were not "acceptable farm practices". The Court also found that the farmer's actions constituted a deliberate intent to harass the plaintiffs and awarded damages the plaintiffs damages for the loss of the enjoyment of their property and exemplary/punitive damages. (Gallant v. Murray, CALN/2017-035, [2017] N.B.J. No. 6, New Brunswick Court of Queen's Bench)

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