Harvey Brown

The applicants brought a preliminary motion before the Normal Farm Practices Protection Board arguing that the Board was bound by a prior Superior Court decision which found the respondent mushroom farm was not operating in accordance with normal farm practices.

The Board dismissed the motion, finding that issue estoppel did not apply because the parties were not identical, and that stare decisis did not bind the specialized tribunal on matters within its core expertise.

The Board also declined to admit trial transcripts in lieu of oral evidence, emphasizing the need to hear witnesses directly, and clarified its interpretation of 'normal farm practice' regarding competing land uses.

The applicant brought an odour, noise, and dust complaint against the neighbouring dairy farm under the Farm Practices Protection Act.

The Board found that the respondents' practices regarding corn milling and general manure storage were normal farm practices and dismissed those aspects of the complaint.

However, the Board concluded that allowing rain water to run through a concrete manure pad and parking manure spreaders near the applicant's home were not normal farm practices.

The Board ordered the respondents to construct a berm to divert water and to park their equipment in a designated machinery yard.