Search
Better Farming OntarioBetter PorkBetter Farming Prairies

Better Farming Ontario Featured Articles

Better Farming Ontario magazine is published 11 times per year. After each edition is published, we share featured articles online.


Books shut on Berendsen case

Wednesday, January 26, 2011

by SUSAN MANN

After 17 years of litigation, Bruce County dairy farmer Ben Berendsen has reached a resolution with the Ontario government in his lawsuit against the province for contaminating his Teviotdale-area farm with buried highway construction waste but the details are being kept confidential.

Reached Tuesday night at his dairy farm in Chepstow, which he bought in 1994 after abandoning the Teviotdale farm, Berendsen says “the only thing I can tell you is that our problems are partly resolved.”

Berendsen declined to answer any questions about the resolution or give his reaction to it. Asked when he expects the other portion to be resolved, Berendsen says “probably never.”

One of his lawyers, Richard Lindgren, of the Canadian Environmental Law Association, says if the Berendsens weren’t happy with the resolution they wouldn’t have agreed to it.

Lindgren says on Jan. 24, just four days before the matter was to be argued before the Supreme Court of Canada, the Berendsens filed a notice of discontinuance with the court. The notice effectively withdraws the appeal so it will no longer be argued, heard or decided by the Supreme Court, Lindgren explains.

Berendsen and Lindgren both say they can’t talk about how the matter was resolved nor can they say why they can’t give details. “It’s a legal matter; a matter that was negotiated by the parties and that’s sort of the end of it,” Lindgren says. The resolution means the matter is finished and the “Berendsens are moving on.”

Asked if either the province or the Berendsens wanted the resolution kept confidential, Lindgren says he couldn’t answer that.

The Ontario Ministry of the Attorney General couldn’t be reached for comment.

Lindgren says he’s not at liberty to say why the Berendsens filed the discontinuance notice or on what basis. “All I can say is that the appeal was resolved without an admission of liability (by the province).”

The Berendsens, Ben and his wife, Maria, began their legal battle in 1994. When they bought the Teviotdale farm in 1981, they didn’t know highway reconstruction waste was buried there in the 1960s with the permission of the farm’s owner at that time. About a year after they bought the farm, the Berendsens cows began suffering from health problems and their milk production was half what it should have been.

An Ontario Superior Court justice awarded the Berendsens more than $1.7 million in 2008 but the province appealed that decision. In 2009, the Ontario Court of Appeal ruled the risk of contamination from the buried waste wasn’t reasonably foreseeable at the time it was buried and overturned the Superior Court’s ruling. The matter was then headed for the Supreme Court before it was resolved.

Lindgren says the Berendsens still own the Teviotdale farm, which is sitting vacant. “There is some uncertainty about the future of that farm.” BF

Update:

Bob Nichols, senior media liaison officer with the Ontario Transportation Ministry, says in an email the appeal has been resolved without an admission of liability and the province “believes that this is appropriate.”

Asked why the details aren’t being made public, Nichols says “the parties have agreed that the terms of the resolution are confidential.” BF


 

Current Issue

August 2025

Better Farming Magazine

Farms.com Breaking News

CN’s 2025-26 Grain Plan is now available

Tuesday, August 5, 2025

CN (Canadian National Railway) has released its 2025–2026 Grain Plan. It’s a plan that demonstrates CN’s ongoing commitment to delivering high-performance service through disciplined planning, targeted infrastructure investments, and proactive supply chain collaboration. For... Read this article online

Hot Dry Weather Stresses Ontario Crops

Tuesday, August 5, 2025

According to Ontario’s FieldCropNewscom, several areas across the province have seen very little effective rainfall since early June. This prolonged hot and dry weather is causing stress to corn, soybeans, and wheat, impacting growth and increasing vulnerability to pests. Corn is showing... Read this article online

Hot Ontario Farm Land Real Estate Listings in July

Tuesday, August 5, 2025

A look at some of the most talked-about farmland properties featured on Farms.com and @OntAg Curious about what farmland was turning heads in Ontario this summer? July brought a fresh crop of standout listings that had plenty of people talking. From sprawling acreages to tucked-away... Read this article online

BF logo

It's farming. And it's better.

 

a Farms.com Company

Subscriptions

Subscriber inquiries, change of address, or USA and international orders, please email: subscriptions@betterfarming.com or call 888-248-4893 x 281.


Article Ideas & Media Releases

Have a story idea or media release? If you want coverage of an ag issue, trend, or company news, please email us.

Follow us on Social Media

 

Sign up to a Farms.com Newsletter

 

DisclaimerPrivacy Policy2025 ©AgMedia Inc. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Back To Top