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.


Farm couple takes waste dispute to a higher court

Wednesday, April 14, 2010

by SUSAN MANN

Dairy farmers Ben and Maria Berendsen are continuing their fight against the Ontario government for negligence in contaminating their Teviotdale-area farm with buried highway reconstruction waste almost 40 years ago.

The Berendsens filed a leave to appeal with the Supreme Court of Canada in March. In December 2009 an Ontario Appeal Court sided with the province and dismissed a Superior Court of Justice judgment from 2008 that awarded the Berendsens more than $1.7 million for the province’s negligence in contaminating the farm and then failing to remove the waste.

Their lawyers, Richard Lindgren of the Canadian Environmental Law Association and Donald Good, could not be immediately reached for comment.

The Berendsens bought the Teviotdale farm in 1981 but didn’t know the province’s transportation ministry dumped asphalt and concrete from a highway reconstruction project there in the mid-1960s. The waste was dumped and buried with the previous owner’s consent. The Berendsens first learned about it in 1989.

Soon after they bought the farm in 1981, the Berendsens cows began to suffer serious health problems and they produced an unusually low quantity of milk. Their cull rate doubled and their milk production dropped in half. They determined that harmful chemicals from the buried highway waste contaminated their well water making it unpalatable for the cows.

The couple still owns the 190-acre farm but moved to another farm in Chepstow in late 1994.

In their unanimous decision, the three Appeal Court justices determined Ontario wasn’t negligent when it deposited waste material on the farm because the risk of harm wasn’t then reasonably foreseeable. They also determined that the province didn’t have a duty in the 1980s or 1990s to eliminate the waste material and remediate the Berendsens’ well water because there was no duty described under Ontario's legislative regime protecting our environment at that time.

The justices said in their December written ruling that the Superior Court of Justice trial judge erred in finding Ontario liable for failing to remove the waste material buried on the Berendsens farm and for failing to remediate the contamination. BF 


 

Current Issue

January 2025

Better Farming Magazine

Farms.com Breaking News

Re-defining waste in Canada

Friday, January 17, 2025

Agriculture and Agri-Food Canada (AAFC) has provided an update on some of its ongoing research in biomass and bioproducts. Biomass is a renewable organic material that comes from plants and animals, including crops grown for non-food uses, leaves and stalks, fruit skins, and... Read this article online

Canada's 2024 crop harvest insights

Friday, January 17, 2025

The 2024 Canadian crop harvest showed mixed results says Statistics Canada, with some crops performing exceptionally well, while others faced challenges. It is the time of year when farmers have a chance to reflect on last year's harvest and prepare for the upcoming season. Wheat... Read this article online

The tax impact on farmers of proroguing Parliament

Friday, January 17, 2025

The Ontario Federation of Agriculture (OFA) is advising farmers to be cautious when preparing their taxes this year. With Prime Minister Trudeau stepping down and proroguing Parliament until March 24,Ontario farmers are learning the suspension ofparliament impacts various proposed... 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