Question
How can I answer the following question based on the information? Identify the rule (legal test) and each of its elements/factors; the source of the
How can I answer the following question based on the information? Identify the rule (legal test) and each of its elements/factors; the source of the rule (i.e. from which case(s) is the rule derived); and the apply the facts of the scenario to the case.
Bob MacDonald owns and operates a farm located on the outskirts of Waterloo, Ontario. The farm is located in an area that has been rural in nature. There are numerous other farms in the area. However, in the last ten years a new residential neighbourhood consisting of about 50 houses has been built adjacent to the farm.
The MacDonald farm grows crops and has recently started to raise livestock, pigs and cows. The livestock operation includes a liquid animal waste storage pond. The farm has operated for over 80 years without complaints, but recently residents in the adjacent residential neighbourhood have raised concerns regarding some of the farm activities. In particular, the residents note that the livestock operation has resulted in strong odours coming from animal waste storage pond. They indicate that the smells are so severe that the residents are required to close their windows on and they cannot use their backyards. The residents, however, do concede that the severity of the smells varies over time and much of the time the smells are less severe. MacDonald has indicated that farms are a crucial part of the Ontario economy and are necessary to provide local sources of food.
- Would the neighbours be able to bring a successful claim in trespass in relation to the odours?
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