ONFPPB 2011

The respondents brought a motion for costs against the applicants following the dismissal of the applicants' nuisance claim under the Farming and Food Production Protection Act, 1998.

The respondents argued that the applicants' conduct was frivolous, vexatious, and in bad faith, particularly because they proceeded without counsel and failed to establish the minimum threshold of disturbance.

The Normal Farm Practices Protection Board dismissed the motion, finding that the applicants had acted respectfully and that their failure to meet the legal threshold did not amount to bad faith.

The Board reiterated that costs are rarely awarded and should not be used to discourage public participation.

The applicants sought a determination under section 5 of the Farming and Food Production Protection Act, 1998, alleging disturbances of noise and vibration from the respondents' agricultural operation.

The Board found that the applicants failed to meet the threshold test of proving they were directly affected by a disturbance, as they provided no evidence of an unreasonable interference with the use and enjoyment of their land.

The application was dismissed.

The applicants brought a complaint before the Normal Farm Practices Protection Board regarding noise disturbances from bird bangers operated by the respondents on their adjacent grape farm.

The Board found that the applicants established the existence of a nuisance, as the noise caused an unreasonable interference with the enjoyment of their property.

The Board further determined that the respondents failed to prove the disturbance resulted from a normal farm practice.

Evidence showed the equipment was used maliciously, contrary to Best Management Practices, and without agricultural justification.

The Board ordered a permanent ban on the respondents' use of any acoustical bird control devices on the specified properties.