The appellants appealed the dismissal of their motions for summary judgment regarding claims of nuisance, trespass, and negligence arising from the application of biosolids on their farm.
The Divisional Court allowed the appeal, finding that the motion judge erred in law by failing to apply the proper summary judgment principles from Hryniak v. Mauldin.
The plaintiffs had failed to provide expert evidence or sufficient factual evidence to establish the elements of their claims, and the motion judge improperly speculated on what evidence might be available at trial.
The action against the appellants was dismissed.
