Category: Farm practices complaint
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Preliminary decision: Taylor v. Holt
Complaint related to odour, noise, and flies from a livestock shelter and pen for goats. Complaint dismissed as respondent was not operating a farm business under the FPPA.
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Preliminary decision: Harvey v. HS Jansen and Sons Ltd.
Complaint related to manure management practices of a nearby dairy farm in Armstrong. Request for recusal of panel member due to alleged bias based on past employment with farm organizations.
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Preliminary decision: City of Abbotsford v. Kapoor
Complaint related to dust from soil management practices on a farm in Abbotsford.
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Preliminary decision: Shawlee v. Quails’ Gate Okanagan Valley
Complaint related to noise from events held at a winery, including weddings, concerts, and other activities. Complaint dismissed as the activities did not constitute a farm operation under the FPPA.
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Decision: Sharpe v. 0832602 BC Ltd. and McLaughlin
Complaint related to nuisance wild birds, noise from free roaming peafowl, and odour from poultry containment practices at a mixed livestock and poultry farm in Saanich.
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Knowledgeable Person Guide
The Knowledgeable Person Guide explains the role of experts appointed by BCFIRB to provide reports and evidence in farm practice complaints under the FPPA.
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Decision: Truax v. Hlusek
Complaint related to herbicide spraying along a property line by a cattle farm near Abbotsford, affecting the complainant’s hay field.
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Preliminary decision: Barkwill v. Lychowyd and Cockrill
Complaint related to dust from haying and noise from tractor, weed whipper, and chainsaw use. Complaint dismissed as trivial, frivolous, vexatious and not made in good faith.
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Judicial Review Decision: Holt v. Farm Industry Review Board, 2014 BCSC 1389
Complaint related to noise, light, flies, and odour from an equestrian business in Kelowna. The judicial review was allowed. The FIRB order was set aside and the matter remitted back to FIRB for reconsideration.
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Decision: Lanyon, Pederson, and Ellicott v. Knopp’s Dairy Farm Ltd.
Complaint related to noise from a propane cannon used for bird control on a dairy farm near Courtenay.