Building a strong case after filing a complaint

The operation must meet the definition of a farm business under the Farm Practices Protection (Right to Farm) Act (FPPA). Panels often look at evidence such as:

• Official status: farm registration documents, business licence, BC Assessment “farm class” status
• Membership: proof of registered membership with a marketing board or commission
• Proof of sales: receipts, invoices, or sales contracts for farm products
• Farm’s activities: photos, ads, testimony or maps of farm operations, scale and infrastructure

The disturbance must result from an activity directly tied to a farm’s operations. Evidence that can establish this includes:

• The activity in action: photos or video showing the disturbance as it happens
• Log events: note both the disturbance and the farm activity occurring at the same time
• Weather data: wind direction, humidity, or temperature records
• Witness statements: have others describe what they saw or heard and when
• Expert evidence: professional statements linking the disturbance to a farm practice

You must be directly impacted by the disturbance in a real, tangible way. Relevant evidence may include:

• Detailed logs: date, time, duration, weather/wind, what you saw/heard/smelled, and how it affected you
• Maps: where farm operations occur in relation to your property
• Visual evidence: photos, videos, audio recordings with dates, times, and locations
• Written statements: neighbours or visitors written statements about their experience
• Documented impacts: medical or veterinary records, environmental testing results, persistent patterns

Comparable farms in a region typically have:

• Same product: Such as dairy cows, hay production
• Similar scale and intensity: Small family farm vs. large commercial operation, number of animals, acreage, equipment size
• Similar environment and constraints: Climate zone, topography, proximity to neighbours, local regulations, access to water
• Similar production methods: Conventional vs. organic, pasture-based vs. intensive housing

The panel will need to understand what most comparable farms do in similar conditions. Evidence can establish this:

• Expert or knowledgeable person reports
• Testimony from farmers in the same sector
• Industry standards, manuals, research reports or codes of practice
• Photographs or videos from other farms (if lawfully obtained and relevant)

The panel will often look for specific evidence on whether the farm practice aligns with industry norms, and records that demonstrate whether the operation was reasonable. Evidence can show specific differences, like methods, frequency, timing, scale, or equipment use. This evidence often uses measurements or observations:

• Method: “They apply manure by broadcast spreading all year, including when the ground is still frozen. This is inconsistent with nutrient management plans used by other dairy farms in this climate zone, which only spread in spring and fall.”
• Timing: “Fans run 24 hours a day without making adjustments for weather, which doesn’t match these poultry ventilation standards that say 8 to 10 hours is appropriate.”
• Scale: “These logs show they spread manure once every two days during peak season, while agrologists say once every two weeks is the standard for dairy operations of their size.”
• Equipment: “Their livestock area is less than a meter from the property line. The Agricultural Waste Management Guidelines recommend at least 15 metres away. Photos of three comparable farms show setbacks of 20, 53, and 64 meters.”

The panel typically looks for clear, evidence-based link between the difference and your disturbance:

• “The uncovered manure pile produces a strong odour that is detectable on our property most days. Similar farms with covered storage don’t produce noticeable odour.”
• “Verified decibel readings during nighttime fan operation exceeded 65 dB at our bedroom window. Similar farms turn fans off at night.”

The panel will need to see that the difference is outside industry norms given the same conditions. Evidence might show:

• Alternative normal methods exist and are used by other farms in the same circumstances
• The farm could reduce or eliminate the disturbance without harming production
• The difference is persistent, not a one-time event

The panel will consider whether the farm took reasonable steps to reduce its impact. Evidence might include:

• Whether common methods to lessen the disturbance (such as method or timing changes, buffers, or equipment settings) were available or used
• What actions, if any, were taken to reduce the disturbance, and how effective they were
• How their mitigation efforts compare with other farms under similar conditions
• Any expert advice followed or trials they conducted to find less disruptive options
• If they manage their practices so they can monitor, adjust and stay accountable

Industry codes of practice, manuals, research, or statistics can help establish what counts as normal farm practice.

Name the source and, if possible, quote the exact line or figure. For example, “The Code of Practice for the Care and Handling of Dairy Cattle, Section 2.10 states that ‘fences should be properly maintained’, which would prevent cows from regularly escaping into my yard…”

The Farm Practices in B.C. Reference Guide is a useful resource. It describes current practices used by farmers throughout B.C. and includes fact sheets on issues such as:

• Dust (PDF, 285KB)
• Noise (PDF, 258KB)
• Odour (PDF, 286KB)

Tribunals aim to apply rules consistently. Panels aim to apply the law consistently. Reviewing past BCFIRB decisions can show how similar complaints were handled, including the standards and best practices that BCFIRB applied.

To use past rulings effectively:

• Search for complaints about similar issues to yours
• Note the case name, year and decision
• Explain how the facts compare to your situation
• Describe how the outcome supports your position

Find past farm practice complaint decisions

A consistent, detailed log can help prove the disturbance and its impact. Consider recording:

• Date, time, and duration of the disturbance
• Weather or wind direction (if relevant)
• What you saw, heard, or smelled
• How it affected you or your property

If available, records from the farm can confirm what activities took place and when. These might be obtained:

• Directly from the farm (voluntarily or by request)
• Through regulatory disclosure or public records

Examples include feeding schedules, manure spreading logs, equipment maintenance records, or pesticide application reports. Matching these to personal logs can also show cause and effect.

Before you made a complaint to BCFIRB, you may have worked to resolve the dispute informally. Records of communication between parties can:

• Show that you have notified the farm about the issue and its impact
• Establish the timeline for the dispute
• Show what steps the farm has or hasn’t taken to try to resolve the issue

This could include:

• Letters and emails
• Text messages (showing the date, time and recipient)
• Notes about verbal conversations (note the date, who was involved and what was discussed)

Photographs, audio or video recordings can:

• Demonstrate the impact of the farm’s practices
• Illustrate the farm’s practices or practices of comparable farms
• Placement of items such as buffers, manure storage, fans, or propane cannons

Field maps can show activity areas and distances from neighbours.

When organizing visual or audio evidence:

• Label it with the date, time and location it was taken
• Note who made the recording or took the photo
• Briefly describe what it’s meant to show

Evidence from technical experts like agrologists, engineers, veterinarians, or other specialists can verify the necessity of the practice or the effectiveness of mitigation steps.

For example, a party might engage an expert to conduct water or air quality testing. You are responsible for the cost of engaging an expert.

A credible expert witness should:

• Have recognized qualifications in the industry
• Be neutral and fact-based
• Submit a written expert report at least 30 calendar days before the hearing
• Attend the hearing to answer questions about their report

You can support your case with oral testimony or written affidavits. An affidavit is a sworn written statement from someone with direct knowledge.

Witnesses should have first-hand knowledge of important events or facts about the complaint. Second-hand knowledge or opinions are not useful as evidence.

Learn about preparing an affidavit – SupremeCourtBC.ca

Witnesses are most useful when they add new, relevant information. Second-hand information (hearsay) may carry less weight or be excluded. BCFIRB may also exclude witnesses who are late, not relevant, or repetitive of other testimony.

Panels generally give more weight to direct, firsthand knowledge. This may include someone who can:

• Show the farm activity isn’t normal or consistent with industry practice
• Provide neutral or independent findings (inspectors, professionals, consultants)
• Explain their own experiences with the farm activity and it’s impact
• Confirm your story because they visited your property, attended a meeting, or saw the effects of the farm activity

Focused, factual testimony helps the panel understand the evidence. You should:

• Review the facts that must be proven and what each witness can address
• Confirm what they remember and are prepared to say
• Prepare a summary of the topics they will cover
• Ensure they understand what they’ll be asked
• Remind them to stick to facts, not opinions or speculation

Learn how to question witnesses

Experts can provide neutral, fact-based assessments about their areas of expertise.

If you are asking someone to testify as an expert, the panel will ask them to explain their credentials and relevant experience. The panel will decide whether to accept their testimony as an expert opinion.

If you hire an expert, you must send the report to BCFIRB and the other parties at least 30 calendar days before a hearing

Learn about submitting expert reports

• What the disturbance is (for example, odour)
• When and how often it happens
• How strong or intense it is
• Where you experience it (especially in relation to the farm)
• How it affects your property use, sleep or daily life
• What actions you’ve taken to try to manage or resolve the issue
• How the farm’s practices compare to similar farms

• The disturbance is worse than what’s expected in a farming area
• The farm activity is not consistent with how similar farms operate
• The issue hasn’t improved, even after they raised concerns
• The impact has real effects beyond just inconvenience
• Their expectations were reasonable when you moved into the area

• Review the other party’s evidence and witness list
• Consider what each witness is likely to say
• Identify areas where their version of events differs from yours
• Write down the questions you want to ask, especially where you want clarification

• Take notes while the witness is testifying
• Focus on what was said, listening for anything unclear, missing, or inconsistent
• Ask short, focused questions to test what the witness knows or remembers
• If needed, ask for a short break to prepare your questions

Summarize the strongest, clearest evidence that supports your case. Focus on the main facts, not every detail.

For example, you can also point out:

• How the evidence supports your version of events
• If your evidence was more consistent, reliable or better supported
• If the other party’s evidence was unclear, inconsistent or missing important information

Explain how the evidence relates to the main questions. Is the activity a normal farm practice, based on what similar farms do in similar situations?

You might explain how the activity caused real impacts and why it goes beyond what’s normally expected on or near farmland.

Avoid emotional arguments or focusing on personal frustration. The panel focuses on facts, not feelings.

Be clear about which specific outcome you’re asking for. For example, a finding that the activity is not a normal farm practice and an order with specific changes that you’d like made.