The Rural Voice, 1993-05, Page 18IOWNSEND
7IRE
Beside Radford's, Londesboro
IN-STORE
•
pring
ecia
Used
1100 x 20 tires - for trucks
(good for safety)
1000 x 20 tires - for wagons
& spreaders
A number of used rear tractor
tires - variety o! sizes.
523-4742
after hours 522-1629
George & Matt Townsend
MARQUARDT
FARM DRAINAGE LTD.
(ESTABLISHED 1968)
Sl'F.CIALIZ! NG IN:
• Farm Drainage
• Municipal Drainage
• Excavator Work
• Dozer Work
• Erosion Control
• Milk House Waste Handling
(Qualified Contractor For Land Stewardship 1!)
WE OFFER:
• Personal evaluation of your project
• Detailed plans and design work
• State-ot-the-an equipment
• FREE ESTIMATES
• Oualfied and experienced personnel
• Guaranteed workmanship S. customer service
For that personal touch, pride in workmanship,
experience and FREE ESTIMATES call
MARQUARDT
FARM DRAINAGE LTD.
(ESTABLISHED 1968)
R.R. t3, STEVE CRONSBERRY
Palmerston, Ontario (owner)
"We install - EDT drainage tubing'
OFFICE HOME
343-3233 338-2373
14 THE RURAL VOICE
Agrilaw
Normal, not nuisance
Spreading manure produces a
widespread odour; the operation of
farm machinery is often noisy; and
ploughing creates dust. The use of
property in a
way which
interferes with
a neighbour's
use and
enjoyment of
their property
is, at law, a
nuisance. What
protection does
a farmer have
against the
possible claims
of those around
him that his
farm operations
are interfering
with his neighbours' use and
enjoyment of their property?
The Farm Practices Protection
Act provides that, as long as a
farmer is not in violation of
environmental protection
legislation and land use control
restrictions, the farmer cannot be
liable in nuisance to any person for
any odour, noise or dust resulting
from "a normal farm practice". In
addition, a farmer cannot be
restrained by court order, if the
odour, noise or dust results from "a
normal farm practice".
What is "a normal farm
practice"? The Act defines a
"normal farm practice" to be a
practice that is conducted in a
manner consistent with proper and
accepted customs and standards as
established by other farmers under
similar circumstances. Thus,
where the odour, noise or dust is
no more than that which results
from customary farm operation,
the farmer will have no liability to
his neighbours.
In the event of a dispute arising
concerning whether or not odour,
noise or dust is greater than would
usually be expected, there is a
Provincial Farm Practices
Protection Board which is
responsible for making this
determination. Upon a complaint
being filed with the Board, the
Board must assess whether the
complaint is trivial, or frivolous or
vexatious, and whether the
complainant has a sufficient
personal interest in the subject
matter of the complaint. If the
Board is satisfied that the
complaint should proceed, the
Board is then required to hold a
hearing to decide if the odour,
noise or dust is no more than might
be expected. If the odour, noise or
dust exceeds that which is
customary, the Board may order
the farmer to cease the operation
producing the odour, noise or dust,
or modify the manner in which the
operation is carried out.
With increasing encroachment
of urbanization into farm
communities, there is increasing
conflict between traditional and
new land uses. The Farm
Practices Protection Act
recognizes that the creation of
odours, noise and dust is often
unavoidable in the operation of a
farm. Such by-products of the
farm operation which, in other
circumstances, might constitute a
nuisance are necessary and
incidental to the production of
agricultural products. Provided
that the farmer's practices are
consistent with the standard in the
agricultural industry, the farmer
will be protected from liability.0
Agrilaw is a syndicated column
produced by the full service law firm of
Cohen Highley Vogel & Dawson. Paul
G. Vogel, a partner in the firm,
practises in the area of commercial
litigation. Agrilaw is intended to
provide information to farmers on
subjects of interest and importance.
The opinions expressed are not
intended as legal advice. Before acting
on any information contained in
Agrilaw, readers should obtain legal
advice with respect to their own
particular circumstances.