Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
39872
James Dell, et al. v. Zeifman Partners Inc. as operator of the waste disposal site at 2021 Four Mile Creek Road, Niagara on the Lake
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-05-05 | Close file on Leave | |
| 2022-05-05 | Discontinuance of the bill of costs, (Email from Karen Collins) | Zeifman Partners Inc. as operator of the waste disposal site at 2021 Four Mile Creek Road, Niagara on the Lake |
| 2022-04-22 | Bill of costs, (Letter Form), Completed on: 2022-04-27, (Electronic version filed on 2022-05-02) | Zeifman Partners Inc. as operator of the waste disposal site at 2021 Four Mile Creek Road, Niagara on the Lake |
| 2022-03-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-03-03 | Judgment on leave sent to the parties | |
| 2022-03-03 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M51708, dated July 22, 2021, is dismissed with costs. Jamal J. took no part in the judgment. Dismissed, with costs |
|
| 2022-01-31 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-12-03 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-12-13 | James Dell |
| 2021-11-23 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-11-30) | Zeifman Partners Inc. as operator of the waste disposal site at 2021 Four Mile Creek Road, Niagara on the Lake |
| 2021-11-23 | Notice of name, (Letter Form), (Printed version due on 2021-11-30) | Zeifman Partners Inc. as operator of the waste disposal site at 2021 Four Mile Creek Road, Niagara on the Lake |
| 2021-11-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-11-30, (Printed version filed on 2021-11-23) | Zeifman Partners Inc. as operator of the waste disposal site at 2021 Four Mile Creek Road, Niagara on the Lake |
| 2021-11-01 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 11/01/21 | |
| 2021-09-29 | Certificate (on limitations to public access), (Letter Form), Amended Form 23A required., (Printed version filed on 2021-10-01) | James Dell |
| 2021-09-29 | Book of authorities, (Book Form), Completed on: 2021-10-29, (Printed version filed on 2021-10-01) | James Dell |
| 2021-09-29 |
Application for leave to appeal, (Book Form), Missing: -CA Reasons -TC Order -Amended Form 23A (rec'd 2021-11-23), Completed on: 2022-02-02, (Printed version filed on 2021-10-01) |
James Dell |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Dell, James | Applicant | Active |
| Sophie Dell, Ron Quevillon, Charlene Quevillon, Dino Lavalle, Mary Lavalle, Dan Lavalle, Larry Bourk, Joan Bourk, Richard Zirger, Judi Zirger, Robert Zirger, Sharon Zirger, George Lepp, Cindi Lepp, Mark Lepp and Erica Lepp | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Zeifman Partners Inc. as operator of the waste disposal site at 2021 Four Mile Creek Road, Niagara on the Lake | Respondent | Active |
Counsel
Party: Dell, James
Counsel
Cassandra Kirewskie
Paul David Marshall
10-3455 Harvester Road
Burlington, Ontario
L7N 3P2
Telephone: (905) 634-2002
FAX: (905) 634-3003
Email: dmmcallister1@rogers.com
Agent
55 Murray Street
Suite 230
Ottawa, Ontario
K1N 5M3
Telephone: (613) 702-3042
FAX: (613) 722-9097
Email: genevieve@westawaylaw.ca
Party: Sophie Dell, Ron Quevillon, Charlene Quevillon, Dino Lavalle, Mary Lavalle, Dan Lavalle, Larry Bourk, Joan Bourk, Richard Zirger, Judi Zirger, Robert Zirger, Sharon Zirger, George Lepp, Cindi Lepp, Mark Lepp and Erica Lepp
Counsel
Cassandra Kirewskie
Paul David Marshall
10-3455 Harvester Road
Burlington, Ontario
L7N 3P2
Telephone: (905) 634-2002
FAX: (905) 634-3003
Email: dmmcallister1@rogers.com
Agent
55 Murray Street
Suite 230
Ottawa, Ontario
K1N 5M3
Telephone: (613) 702-3042
FAX: (613) 722-9097
Email: genevieve@westawaylaw.ca
Party: Zeifman Partners Inc. as operator of the waste disposal site at 2021 Four Mile Creek Road, Niagara on the Lake
Counsel
Kate Genest
40 King Street West, Suite 5800
P.O. Box 1011
Toronto, Ontario
M5H 3S1
Telephone: (416) 595-8520
FAX: (416) 595-8695
Email: tfarber@millerthomson.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Charte des droits — Justice fondamentale — Droit administratif — Organismes et tribunaux administratifs — Procédure civile — Dépens — Le tribunal administratif a refusé d’accorder des dépens aux demandeurs qui ont eu gain de cause — Un organisme décisionnel a t il le pouvoir d’appliquer les règles d’equity à une décision sur les dépens dans le cadre d’un recours exercé en vertu d’une loi? — S’agit il d’une question d’accès à la justice d’importance nationale?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1 (the “FFPPA”) establishes a statutory scheme to shield farmers from liability in nuisance for disturbances caused by “normal farm practices”. The Normal Farm Practices Protection Board (the “Board”) adjudicates disputes under the Act, and determines whether an agricultural operation meets the “normal farm practice” standard. In 2009, Vandermeer Greenhouses operated a greenhouse site near Niagara on the Lake and installed an “anaerobic digester”. After the digester commenced operation, nearby residents, the applicants herein, reported a disturbance from offensive odours and an extreme increase in the number of flies. Vandermeer entered into bankruptcy proceedings in early 2014 and the respondent was appointed Receiver by court order. The applicants commenced an application under s. 5(1) of the FFPPA, arguing that the facility operated by the Receiver seriously disturbed their enjoyment of their properties and was not a normal farm practice. The Board ruled that the operation was not a normal farm practice and ordered that the digester be shut down. The Board declined to make an order for costs in favour of either party. The applicant’s appeal of the costs decision was dismissed by the Divisional Court. The applicants’ application for leave to appeal that order was dismissed.
Lower court rulings
Ontario Superior Court of Justice
2020 ONSC 3881, 501/19
Applicants’ appeal of costs award by Board dismissed
Court of Appeal for Ontario
M51708
Applicants’ application for leave to appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available