Category: Farm practices complaint
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Preliminary decision: Russell v. Bradshaw
Complaint related to excessive dog barking and howling from a property. Because the dog barking did not arise from a farm business, BCFIRB had no jurisdiction, and the complaint was dismissed.
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Report: Propane Cannon Use in Coastal B.C.
This BCFIRB review examined propane cannon use in B.C. blueberry fields and the concerns of growers, neighbours, and local governments. It recommended stronger guidelines, farm-level bird management plans, and local government involvement in regulation.
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Decision: Tri-Gro v Pyke, 2001 ONCA
Ontario Court of Appeal decision. Complaint related to odours from mushroom farm operations in Whitby. The issue was whether the odours constituted a nuisance and if the farm practices were protected under the Farm Practices Protection Act.
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Decision: Peniuk v. Michell
Complaint related to odour, noise, vibration, and unsightliness from a composting operation in Central Saanich.
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Decision: Parker v. Maciel
Complaint related to noise from a propane cannon used for bird control at a cherry orchard in Osoyoos.
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Decision: Paynter v. Gidda
Complaint related to noise from propane cannons used for bird control on a vineyard in West Kelowna.
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Preliminary decision: Ofiesh, Elving, and Knapp v. Beckwith Holdings Ltd.
Complaint related to noise from propane cannons used for bird control on a blueberry farm in Saanich. Complaints dismissed as frivolous and vexatious against certain respondents, but will proceed against Beckwith Holdings Ltd.
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Decision: Ormston and Cross v. Dogwood Fur Farms Ltd.
Complaints related to odours, birds, rodents, flies, and noise from propane cannons and other noise devices on a mink fur farm in Langley.
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Geertsma v. Farm Practices Board, 2006 BCSC 1700
This Supreme Court of BC decision dismissed an appeal by a neighbour who challenged a BCFIRB ruling about odour, noise, dust, and flooding from a poultry farm. The court upheld the Board’s authority to order modifications of certain farm practices, finding its decision was not patently unreasonable.
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Decision: Morgan Creek Homeowners Association v. Sekhon d.b.a. Sekhon Farm
Complaint related to noise from propane cannons used for bird control at a blueberry farm in Surrey.