The Town of New Tecumseth appealed a decision of the Normal Farm Practices Protection Board, which found that the respondent's proposal to import fill to establish an apple orchard was a 'normal farm practice' exempt from the Town's fill by-law.
The Divisional Court upheld the Board's findings on the evidence and its interpretation of the Farming and Food Production Protection Act, 1998.
However, the Court granted the appeal in part to amend the Board's order, allowing the Town an opportunity to provide comments on the required fill management plan before it is finalized.
