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.