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Motion to stay municipal by-law enforcement application denied; farm board lacks jurisdiction over zoning compliance.
The applicant municipality brought an application for an injunction to restrain the respondent from growing cannabis on his property in contravention of municipal by-laws.
The respondent brought a motion to stay the application, arguing that the Normal Farm Practices Protection Board had exclusive jurisdiction to determine whether his cannabis cultivation was a 'normal farm practice'.
The court dismissed the motion for a stay, finding that the Board's jurisdiction is limited to issues of disturbance and does not extend to broad land-use planning and zoning by-law compliance, which form the core of the municipality's application.
