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The Rural Voice, 1992-12, Page 18One of the nicest things about Christmas is letting our customers know we care. A Merry Christmas and a Happy New Year from Ron, Betty & Staff at K.M.M. FARM DRAINAGE Walton 887-6428 9 Merry Christmas. find the happiest of holidays to you and yours. We greatly appreciate having good friends and customers [ik.. you. Canadian Distributor for Pennwood's Equine Supreme From Weaning Through Maturity A special blending of vitamins, minerals, amino acids and electrolytes formulated to bring out your horses' full potential. DEALER INQUIRES WELCOME Ask for Cec Horton CARSON'S FEED & SUPPLY and CARSON'S FARMS & AUCTIONS, l& Hwy. 86 E, R. R. 3, Listowel ID N4W 3G8 Phone (519) 291-1094 Fax (519) 291-5065 0 14 THE RURAL VOICE Agrilaw Living beside a dump Can a garbage dump operated under provincial authorization constitute a nuisance? What remedies are available to adjacent landowners to control or prevent its continued operation? A court in Ontario has considered these issues and has concluded that, despite provincial authorization, a garbage dump may be prohibited from continued operation where it is being operated in a manner which interferes with the lives and well-being of neighbours. The garbage dump, or landfill site, in question had been operated for a number of years pursuant to a provincial certificate of approval. The plaintiffs in the case were adjacent landowners who carried on the business of organic farming. They complained that plastic from the dump was distributed by the wind over their fields. Odour from uncovered garbage, hogs which died after eating refuse, and rotted produce delivered from time to time as feed for the hogs was so offensive that the plaintiffs could not remain out-of-doors on their land. Machinery to pack the garbage was operated at irregular hours interfering with the plaintiffs' peaceful enjoyment of their land. Dust from trucks delivering garbage was deposited on the plaintiffs' farm, and fire and smoke from garbage and brush fires also caused distress to the plaintiffs. Although there was no evidence that the dump constituted a hazard to public health and safety, the court held that the evidence established that, at least, the site was poorly managed and that the operation of the landfill interfered with the plaintiffs' enjoyment of their property and its use in a real and substantial manner. Citing English authority, the court determined that relief is available to adjacent landowners in such circumstances where the conduct of the defendant is: .. such as to be real interference with the comfort or convenience of living according to the standards of the average man .. Moreover, the discomfort must be substantial, not merely with reference to the plaintiff; it must be of such a degree that it would be substantial to any person occupying the plaintiff's premises, irrespective of his position in life, age, or state of health; it must be 'an inconvenience materially interfering with the ordinary comfort physically of human existence, not merely according to the elegant or dainty mode and habitats of living, but according to plain and sober and simple notions among the English (Canadian) people'." Where an adjacent landowner meets these criteria, relief may be available, both in the form of an injunction to prevent continued operation of the landfill, and monetary damages arising from loss of production, clean-up costs, and the disturbance and interference with enjoyment of property rights. In addition, a plaintiff may recover punitive damages where the evidence establishes that the defendants had consciously and deliberately operated the dump with callous disregard for the plaintiff's rights. With respect to the award of such damages, the court stated: "Not only must the law not sanction the deliberate and callous disregard by the powerful of the weaker person's rights, the law must do what it can to ensure, by whatever means there are at its disposal, that the legal rights of a citizen are protected from the tyranny of another. Many cases have said that exemplary damages must not merely amount to a license fee or to a reasonable cost or expense of doing business.