Glenn C. Walker

G. Edward Oldfield

Glenn C. Walker

Bert Vorstenbosch

Andrew Millar

ONFPPBNormal Farm Practices Protection BoardMar 21, 2003

Application regarding swine facility odour dismissed as the operation complied with MDS II and constituted a normal farm practice.

The applicants, neighbours of the respondents' swine facility, applied to the Normal Farm Practices Protection Board alleging a disturbance from odour.

The Board found that the applicants met the threshold test of being directly affected by a disturbance.

However, the Board determined that the respondents' operation complied with the Minimum Distance Separation II (MDS II) guidelines, based on the existing capacity of a prior beef feeder operation on the site.

The Board concluded that the respondents were carrying on a normal farm practice and dismissed the application.

Wanless v Horsburgh, 2002 ONNFPPB 30

Phillip B. Morrissey

Guildford W. Deverell, Q.C.

G. Edward Oldfield

Glenn C. Walker

Bert Vorstenbosch

Andrew Millar

ONFPPBNormal Farm Practices Protection BoardMar 1, 2003

Application regarding swine facility odour dismissed; operation complied with MDS II and constituted a normal farm practice.

The applicants, neighbours of the respondents' swine facility, applied to the Normal Farm Practices Protection Board alleging a disturbance from odour.

The Board found that the applicants met the threshold test of being directly affected by a disturbance, shifting the onus to the respondents to prove their operation was a normal farm practice.

The central issue was whether the respondents' two hog barns complied with Minimum Distance Separation II (MDS II) guidelines.

The Board determined the existing capacity of the respondents' prior beef facility using the Hugh Fraser guidelines and found that both hog barns complied with MDS II.

The Board also noted that the respondents' operation was exemplary and utilized state-of-the-art technology.

The Board concluded the operation was a normal farm practice and dismissed the application.

Wanless v. Horsburgh, 2002 CanLII 63054

affected landowner

David BrisbinSelf-represented
1 appearance

Agent for the Respondents

Jill BauerAgent
1 appearance

appellant

Gary PollockSelf-represented
1 appearance

as Agents for all of the Applicants

Gayle LarmondAgent
1 appearance
Linda ButtreyAgent
1 appearance

Counsel for the Applicants

Cassandra KirewskieCounsel
1 appearance
Paul MarshallCounsel
1 appearance

Counsel for the Respondent

Mark AbradjianCounsel
1 appearance
Stanley D. BergerCounsel
1 appearance
Tom HalinskiCounsel
1 appearance

for 1000083282 Ontario Inc. and 1603844 Ontario Inc.

Stuart MackayCounsel
1 appearance

for Appellants

Donald R. GoodCounsel
1 appearance

for Appellants and Participant

John O'KaneCounsel
1 appearance

for DFO

Arlene MinottCounsel
1 appearance

for DFO and the Director of Regulatory Compliance

Geoffrey P. SpurrCounsel
1 appearance

for GJ's Harvest Centre Inc.

Jo-Ann HansonCounsel
1 appearance

for herself

Elaine KehoeSelf-represented
1 appearance
Emilia SciarraSelf-represented
1 appearance

for herself, Howard Zettler and Glen Zettler

Maxine ZettlerSelf-represented
1 appearance

for himself

Angelo SciarraSelf-represented
1 appearance
Martin DonkersSelf-represented
1 appearance

for himself and Wilma Sluys

Gerry SluysSelf-represented
1 appearance

for himself, Maxine Zettler and Glen Zettler

Howard ZettlerSelf-represented
1 appearance

for Love, Logic, Compassion Farms Inc.

Anthony SciarraSelf-represented
1 appearance

for Mark and Samira Gancevich, appellants

Carolina CamposCounsel
1 appearance

for Mark and Samira Gancevish, appellants

Jacob PolowinCounsel
1 appearance

for Mono Mulmur Citizens’ Coalition

Donald McFarlaneAgent
1 appearance

for OFPMC (Moving Party)

Kirk AndrewsCounsel
3 appearances

for Respondent

Geoffrey P. SpurrCounsel
1 appearance

for Sluys Family Farm Inc.

Kevin SluysSelf-represented
1 appearance

for the Appellant

Paul CoureyCounsel
4 appearances
Norman BoudreauAgent
3 appearances
Norman BourdeauAgent
2 appearances
Marie HeneinCounsel
2 appearances
Self-representedSelf-represented
1 appearance
Alexandre FallonCounsel
1 appearance
Bill van NesAgent
1 appearance
Catherine McCorquodaleCounsel
1 appearance
Christopher SmithSelf-represented
1 appearance
Gloria M. PoulsenSelf-represented
1 appearance
Herman TurkstraCounsel
1 appearance
Jennifer BrevorkaCounsel
1 appearance
Leonard FarinacciSelf-represented
1 appearance
Sarah StrbanCounsel
1 appearance

for the Appellant and the Participant

John O'KaneCounsel
1 appearance

for the appellants

Donald GoodCounsel
1 appearance
Charles HammondCounsel
1 appearance

for the Appellants

Ronald Van LoonSelf-represented
4 appearances
David HarriganSelf-represented
1 appearance
Donald R. GoodCounsel
1 appearance
Doyle HarriganSelf-represented
1 appearance
George C. HortonSelf-represented
1 appearance
Graeme LittleSelf-represented
1 appearance
John O’KaneCounsel
1 appearance
Paula LombardiCounsel
1 appearance
Audrey LittleSelf-represented
1 appearance

for the Appellants and the Moving Parties

John O’KaneCounsel
1 appearance

for the Applicant

John MayCounsel
6 appearances
Eric K. GillespieCounsel
6 appearances
Sam RogersCounsel
4 appearances
Virginia MoirSelf-represented
2 appearances
Carmen Van LieropAgent
2 appearances
Chris CasherCounsel
2 appearances
Christopher RaeCounsel
2 appearances
John Van LieropAgent
2 appearances
Sandra KendallSelf-represented
2 appearances
Self-RepresentedSelf-represented
2 appearances
James H. CookeCounsel
1 appearance
John GulinAgent
1 appearance
Christopher J. RaeCounsel
1 appearance
Self-representedSelf-represented
1 appearance
Josef OdermattSelf-represented
1 appearance
Justin SteinAgent
1 appearance
Krystal ChoppAgent
1 appearance
Manuel FagundesSelf-represented
1 appearance
Martha CookCounsel
1 appearance
Mr. GoodCounsel
1 appearance

for the Applicants

G. Edward OldfieldCounsel
2 appearances
Trudie E. RobertsonParalegal
2 appearances
Peter DuboisAgent
2 appearances
Barry GuySelf-represented
1 appearance
Cassandra KirewskieCounsel
1 appearance
Chris BritnellSelf-represented
1 appearance
Cornelis MeijaardSelf-represented
1 appearance
Elena CaniniSelf-represented
1 appearance
Eric K. GillespieCounsel
1 appearance
Erin BritnellSelf-represented
1 appearance
Gayle LarmondSelf-represented
1 appearance
Hendrika MeijaardSelf-represented
1 appearance
James YarrowSelf-represented
1 appearance
Jane BastedoSelf-represented
1 appearance
John D. MunroeSelf-represented
1 appearance
J. Patrick MaloneyCounsel
1 appearance
Kelly RoldoSelf-represented
1 appearance
Kristy GuySelf-represented
1 appearance
Linda ButtreySelf-represented
1 appearance
Marc ReidSelf-represented
1 appearance

for the City of Kawartha Lakes

Joseph DorisCounsel
1 appearance

for the Moving Parties

Paul CoureyCounsel
1 appearance

for the municipality

Steven O’MeliaCounsel
1 appearance

for the Municipality

Eric FlorjancicCounsel
1 appearance
Robert ScrivenCounsel
1 appearance

for the Participant

Kirk AndrewsCounsel
2 appearances
Maya PoliakCounsel
1 appearance

for the Party

Stuart MackayCounsel
1 appearance

for the Respondent

Geoffrey P. SpurrCounsel
16 appearances
Matthew ToddCounsel
6 appearances
Montana LicariCounsel
5 appearances
Steven RosenhekCounsel
4 appearances
Self-representedSelf-represented
2 appearances
Andrei DobrogeanuCounsel
2 appearances
David K. WilsonCounsel
2 appearances
Piper MorleyCounsel
2 appearances
Self-RepresentedSelf-represented
2 appearances
Corporation of the Township of North GlengarrySelf-represented
1 appearance
Darell N. HawreliakCounsel
1 appearance
Darrell HawreliakCounsel
1 appearance
Dave MaidenAgent
1 appearance
Alyssa HollandCounsel
1 appearance
Delta Power EquipmentSelf-represented
1 appearance
Elizabeth SandersAgent
1 appearance
Eric DavisCounsel
1 appearance
Erroll TreslanCounsel
1 appearance
Evan AldermanCounsel
1 appearance
Carol WiltonCounsel
1 appearance

for the Respondent, King Township

Tom HalinskiCounsel
1 appearance

for the respondents

Geoffrey SpurrCounsel
1 appearance

for the Respondents

Omar KihelSelf-represented
2 appearances
Brigitte GratlCounsel
2 appearances
Gene P. ChiarelloCounsel
2 appearances
Edward OldfieldCounsel
1 appearance
G. Edward OldfieldCounsel
1 appearance
Henrietta DeBoerSelf-represented
1 appearance
Jill BauerSelf-represented
1 appearance
Kara NadrofskySelf-represented
1 appearance
Kari LeightonAgent
1 appearance
Mike BauerSelf-represented
1 appearance
Mona FoxSelf-represented
1 appearance
RD PettingerSelf-represented
1 appearance
Richard LeightonSelf-represented
1 appearance
Zahra KihelAgent
1 appearance
Philip D. MorrisseyCounsel
1 appearance
Bert DeBoerSelf-represented
1 appearance
Bruce FoxSelf-represented
1 appearance
David LeckeySelf-represented
1 appearance
Devan J. MunchCounsel
1 appearance

for the Respondents Jose and Maria Connie Melo

Christopher LeeCounsel
1 appearance
Steven ChadwickCounsel
1 appearance

for the Respondents, Jose and Maria Connie Melo

Christoper LeeCounsel
1 appearance
Steven ChadwickCounsel
1 appearance

for the Respondents, Larry Horsburgh and 1524829 Ontario Inc.

Phillip B. MorrisseyCounsel
1 appearance

for the Respondent Township of King

Tom HalinskiCounsel
1 appearance

for the Responding Parties

Alan D. McKitrickCounsel
1 appearance
Anne-Marie L. McKitrickCounsel
1 appearance

for the Responding Party

Guildford W. Deverell, Q.C.Counsel
1 appearance

for the Responding Party, Town of Minto

Gil DeverellCounsel
1 appearance

for the Third Party

G. Edward OldfieldCounsel
6 appearances
Amy DaleCounsel
2 appearances
Geoffrey P. SpurrCounsel
1 appearance

for the Town of Amherstburg

Jeffrey NansonCounsel
1 appearance

for the Town of Caledon

Max RubinCounsel
1 appearance

for the Town of Mono

Jeffrey WilkerCounsel
1 appearance

for the Township of Huron Kinloss

Paul CoureyCounsel
1 appearance

for the Township of Huron-Kinloss

Paul CoureyCounsel
1 appearance

for the Township of Leeds and the Thousand Islands

Eric FlorjancicCounsel
1 appearance

for the Township of Zorra

Peter PickfieldCounsel
1 appearance

for the Upper Thames River Conservation Authority

Fraser KellyCounsel
1 appearance
Julia HarnadekCounsel
1 appearance

for Upper Thames River Conservation Authority

David SwiftCounsel
1 appearance

moving party

David BrisbinSelf-represented
1 appearance

previously for the Respondent

Montana LicariCounsel
1 appearance
Steven RosenhekCounsel
1 appearance

representing Canadian Sheep Federation, Participant

Allan RibbinkAgent
1 appearance

representing Ontario Sheep Farmers, Respondent

Erin MorganAgent
1 appearance

104

Decisions

Years active

Tribunals

0.4

cases/mo

ONFPPB57(55%)

OAFRAAT47(45%)

Decision types

motion

trial

appeal

costs

/Adjudicator

Glenn C. Walker — Chair

Bankruptcy and Insolvency Law

Civil Litigation - Defendant

Corporate/Commercial Law

Human Rights

Glenn C. Walker

Chair·Agriculture, Food & Rural Affairs Appeal Tribunal·Since 2002

OAFRAAT ONFPPB

104

cases · 25 yrs · ONFPPB, OAFRAAT

Trial

Motion

Costs

Appeal

Sentencing

Chair· 52Chair· 28Vice-Chair· 17Chair· Chair· 1

Vee Chait

ONFPPBUnanimous0 cases2004–2004

Glenn C. Walker

ONFPPBUnanimous0 cases2002–2026

ONFPPBNormal Farm Practices Protection BoardApr 7, 2004

Application dismissed on consent.

The applicants brought an application before the Normal Farm Practices Protection Board.

The application was dismissed on consent without a hearing on the merits.

Carson v. Werner, 2004 ONNFPPB 6

Linda O'Neill

ONFPPBUnanimous0 cases2003–2003

John Markus

ONFPPBUnanimous0 cases2003–2005

Glenn C. Walker

ONFPPBUnanimous0 cases2002–2026

ONFPPBNormal Farm Practices Protection BoardOct 21, 2003

Tire fences are not a normal farm practice and are not exempt from municipal prohibition by-laws.

The Board found that the applicants were not 'farmers' under the Farming and Food Production Protection Act, as their property was a hobby farm not operated in expectation of gain or reward.

Yake v Town Fort Erie, 2003 ONNFPPB 99

Philip D. Morrissey

In Private Practice1 case2002–2002

Gil Deverell

G. Edward Oldfield

Glenn C. Walker

Bert Vorstenbosch

Andrew Millar

ONFPPBNormal Farm Practices Protection BoardMar 21, 2003

Application regarding swine facility odour dismissed as the operation complied with MDS II and constituted a normal farm practice.

The applicants, neighbours of the respondents' swine facility, applied to the Normal Farm Practices Protection Board alleging a disturbance from odour.

The Board found that the applicants met the threshold test of being directly affected by a disturbance.

The Board concluded that the respondents were carrying on a normal farm practice and dismissed the application.

Wanless v Horsburgh, 2002 ONNFPPB 30

Phillip B. Morrissey

Guildford W. Deverell, Q.C.

G. Edward Oldfield

Glenn C. Walker

Bert Vorstenbosch

Andrew Millar