Doug Eadie

The Applicants brought a motion for disclosure and interrogatories in a nuisance application regarding manure and bale management.

The Board ordered partial disclosure of farm locations, bale counts, and equipment details, but denied requests for irrelevant information such as employment history and crop types.

The Board also ruled that documents related to the mandatory Conflict Resolution process were protected by litigation privilege.

Furthermore, the Board established a general rule that the mediator who conducted the Conflict Resolution process will not be permitted to testify as an expert witness due to an apprehension of bias, unless the party seeking to call them can prove they are the sole person with the necessary expertise.

The applicants in a farm nuisance dispute brought a motion seeking an order to close the application hearing to the public under section 9(1) of the Statutory Powers Procedure Act.

They alleged various incidents of harassment, intimidation, and community hostility, expressing fear that an open hearing would exacerbate these issues and lead to disruptions.

The Normal Farm Practices Protection Board dismissed the motion, finding that the applicants failed to demonstrate that matters of public security or intimate personal matters would be disclosed at the hearing.

The Board emphasized the fundamental principle of open hearings and noted its power to eject anyone who disrupts the proceedings.