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.


No more farm inspections, judge tells Huron County

Thursday, November 5, 2015

by SUSAN MANN

The Ontario Divisional Court has turned down Huron County’s appeal of a Normal Farm Practices Protection Board decision denying a third site inspection of a tropical fruit and banana farm as part of a lengthy dispute over clear-cutting.

The farm’s owner, Laurie Macpherson, requested a hearing before the Normal Farm Practices Protection Board in January 2013 as part of a process to clear-cut her property, Justice J.A. Milanetti’s Oct. 30 written decision states. The county’s tree protection bylaw requires anyone wanting to clear-cut woodland or woodlots for additional space to get approval from the board. The board agreed to hear the case. It also required a site visit to help it make a decision.

Huron County planning and development director Scott Tousaw says the county’s reaction to the divisional court’s decision is that “it’s part of the legal process.”

The next step in the case is for the farm practices protection board hearing to be held, but no dates have been set yet for it.

Milanetti says in her decision the first site visit happened on July 31, 2013. Afterward, the county complained to the board Macpherson had allegedly “interfered with the visit and therefore compromised the ability of site inspectors to gather and present evidence.”

The board ordered a second site visit to the property, which was done May 30, 2014. After the second visit was completed, the county again alleged Macpherson and others on the site interfered with the inspectors’ ability to map the site and get all necessary information.

In a June 13, 2014 motion, the county requested the board order a third site visit or dismiss Macpherson’s application “all together due to abuse of process,” Milanetti says.

Tousaw says the county requested “an opportunity for another site visit to gather information because that was felt necessary for a fair hearing. That has been denied.”

After hearing evidence in late summer and early fall last year, the board acknowledged some of Macpherson’s actions “could be seen as interference with the work of the site inspectors.” However the board rejected the county’s request for a third site visit or to dismiss Macpherson’s application for the normal farm practices board hearing.

In a Feb. 10, 2015 order, the board said despite Macpherson’s interference, inspectors were still able to get “all the information they needed in order to prepare their report, therefore, a third site visit was unnecessary,” Milanetti says.

The county asked the board to reconsider its decision, but the board refused to change its order. The county appealed the board’s refusal to change its order to the Divisional Court. The Divisional Court hearing was in Hamilton on June 22. Meanwhile, Macpherson sought to quash the county’s appeal on the grounds that the decision on the site inspection was “interlocutory” and the normal farm practices board should be allowed to make a decision on “the ultimate issue.”

Milanetti agreed with Macpherson’s legal representative and found that the order the county was challenging was of an “interlocutory nature.” She also did not agree with the county that Macpherson’s application should be dismissed for abuse of process.

Tousaw says, “the courts give deference to tribunals because tribunals are made up of people who are experts in their field. Essentially what the court said was it (the case) needs to go through the tribunal process and appeals, from any party, could come later.” BF

Current Issue

June/July 2025

Better Farming Magazine

Farms.com Breaking News

Ontario Promotes Local Food to Boost Economy and Jobs

Thursday, June 5, 2025

Ontario is celebrating Local Food Week from June 2–8, 2025, honoring the people behind the province’s strong and self-sufficient food supply. From farmers and food processors to retailers and restauranteurs, these individuals contribute to the economy and food security. The agriculture... Read this article online

Scientists at Guelph Target Avian Threat

Thursday, June 5, 2025

The University of Guelph (U of G) is activeey engaged against the spread of avian flu. Experts from a variety of departments, including virology, engineering, veterinary medicine, and computer science, are working together to stop this growing threat. “This is not just a crisis for the... Read this article online

Trouw Nutrition launches IntelEgg

Thursday, June 5, 2025

Trouw Nutrition has announced the launch of , a digital platform designed to empower layer producers with real-time insights and data-driven decision-making tools. The image above shows an demo screen. This browser-based application is set to transform how poultry farmers monitor,... Read this article online

New Precision Ag Digital Digest Coming Soon

Wednesday, June 4, 2025

The Summer 2025 Farms.com Precision Ag Digital Digest will be released on June 11. Summer is upon us! Tillage and seeding are mostly completed (…hopefully), so we are shifting focus to irrigation, baling, spraying, guidance, and harvest (among other topics and technologies). In... 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