Kirk Johnson

The defendants brought a motion for summary judgment to dismiss the plaintiffs' action for negligent construction of a cottage and retaining wall, arguing the claim was statute-barred.

The plaintiffs experienced slope failure and retaining wall movement in 2009 and received an engineering report identifying the issue, but did not commence their action until 2013.

The court found that the plaintiffs knew the basic essential facts giving rise to a claim upon receiving the 2009 engineering report.

The motion for summary judgment was granted and the action was dismissed.

The applicant sought a determination from the Normal Farm Practices Protection Board that a municipal site alteration by-law restricted his proposed normal farm practice.

The applicant planned to import approximately 87,000 cubic metres of fill to improve the topography of his land for an apple orchard, addressing water and air drainage issues.

The Board found that the applicant had standing and demonstrable plans, and that the importation of fill for land improvement constituted a normal farm practice using innovative technology.

The Board ruled that the municipal by-law restricted this practice and ordered that the practice be permitted subject to strict compliance with a Fill Management Plan and provincial best management practices.