Precedent setting hearing vindicates farmers

Wednesday, April 20, 2011

by SUSAN MANN

A farmer north of Burlington says the Ontario Normal Farm Practices Protection Board has set a precedent by hearing a complaint about noise from the road.

In March, the board dismissed a request by Liz and Dan Platt to limit the movement of Jamie and Helle Fisher’s haying equipment. The Platts had failed to prove the farm operation caused a noise and vibration disturbance, the board ruled.

Jamie Fisher says the Platts live 250 feet away from their property. In between are two additional residences and a forested area.

Had the Platt’s request been successful, it would have put him out of business, Fisher says.

He says it’s good the board made the decision it did but he would have liked it to also rule on normal farm practices because the case sets precedents. “We have a non-abutting landowner complaining about noise from the road,” he explains.

The farm couple hoped the board would have said, “it’s a normal farm practice to use the roads in accordance with the rules of the road,” Fisher says.

The Fishers have applied to the Board to recover $26,000 in legal costs.

Fisher says to recover their costs they have to prove the Platts’ complaint was frivolous and vexatious. The amount they’re seeking doesn’t include money for time the couple spent on the case. The Fishers filed their submission for costs on April 14.

Agriculture ministry spokesperson Susan Murray says by email this is the second time the board has received a request for costs to be assigned since it established rules providing for the awarding of costs in 2007. The board didn’t assign costs for the previous request.

It will be several weeks before there’s a decision because the board is looking at the Fishers’ request through written submissions, Murray writes.

The Fishers have a website with information about the case at: www.normalfarm.com. BF