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The Rural Voice, 2003-09, Page 641 am especially unwilling to inter _ood faith and reliance on the facts of this case and bearing in mind the statute in question. The respondents were not applying for a building permit to construct a backyard deck. Rather, they sought permission to construct a liquid pig manure storage tank 160 feet in diameter and 12 feet deep. This storage tank would be located in rural Ontario and. specifically. in a location where, it is clear from the exhibits, including aerial photographs. there are obvious wetlands environmental concerns." The dissenting judge would have permitted the landowner to rely on the permit even if issued in error to defend the charge by the conservation authority on the basis that the permit was acknowledged to be valid and that any contravention by the landowner resulting from construction in the wetland resulted from officially induced error. However, the majority of the court rejected this analysis and held that, before such a defence can arise, the onus is on the defendant to establish not only good faith reliance on the permit but also specific consideration by the defendant of the law contravened and specific advice from an official that the impugned conduct was not illegal. The court stated: "Phrased more bluntly, I think it necessary that the respondents demonstrate: (1) that they considered whether it was illegal to build a liquid manure holding tank in a swamp; (2) that they obtained advice from an appropriate official concerning that specific issue; and (3) that, as a result of the advice that they obtained, they believed that it - was not illegal to build a liquid manure holding tank in a swamp." The Court concluded that "ignorance of the law is no excuse". A recipient of a building permit cannot simply rely upon the issue of the permit to establish that proposed EDWARD FUELS Goderich - Clinton - Teeswater - Kincardine Hydraulic Oil $26.8o/pail construction complies with "other applicable law". The building permit will only assist in defence of a subsequent prosecution where the landowner has specifically addressed with the chief building official whether or not the proposed construction is in compliance with the allegedly contravened legislation or regulation and can demonstrate reliance on advice received from the chief building official that there is no such contravention.0 Agrilaw is a syndicated column produced by the full service London law firm of Cohen Highley LLP. Paul G. Vogel, a partner in the firm, practices in the area of commercial litigation and environmental law. Agrilaw is intended to provide information to farm operators on topics of interest and importance. The opinions expressed are not intended as legal advice. Before acting on any information contained in this column, readers should obtain legal advice with respect to their own particular circumstances and geographical area. FALL LUBE SALE Rotella T 15W40 Donax TDtrans/h� 60 THE RURAL VOICE