Donald Good

The Crown prosecuted four defendants for violations of the Nutrient Management Act and Ontario Water Resources Act relating to a large hog finishing operation near Newburgh, Ontario.

The defendants failed to comply with specific items in a Director's Order, including providing written confirmation that manure production had ceased and submitting engineering assessments and site characterization studies.

The court found the defendants guilty on five counts, rejecting their defences of due diligence, reasonable mistake of fact, and officially induced error.

The court found that the defendants' belief that filing a Nutrient Management Strategy application obviated their need to comply with the Director's Order was unreasonable and contrary to law.

A conditional stay was entered on one count due to duplication of charges.

The defendants brought motions for summary judgment to dismiss the plaintiffs' action.

The plaintiffs alleged that the application of biosolids on the defendants' adjacent farm caused noxious odours, seepage onto their property, and resulting illnesses and economic loss.

The court dismissed the plaintiffs' strict liability claim under the rule in Rylands v. Fletcher, finding that spreading biosolids is not a non-natural use of land.

However, the court dismissed the defendants' summary judgment motions regarding the claims of trespass, negligence, and nuisance, finding that there were genuine issues requiring a trial based on evidence of potential pooling, seepage, and prolonged offensive odours.