Jennifer Allen Ph.D

The applicant vegetable farmer sought relief under the Farming and Food Production Protection Act, 1998, alleging that dust from the respondent's neighbouring sod farm damaged his cabbage crop.

The Board found that while the applicant was directly affected by the dust disturbance, the respondent's land preparation activities constituted a normal farm practice.

The Board considered the exceptionally dry and windy weather conditions, the narrow window for sod seeding, and the respondent's efforts to mitigate dust by stopping work and monitoring weather, ultimately dismissing the application.