This case was heard in the New Brunswick Court of Queen's Bench. 

Bridges Brothers Ltd. owned and operated a large blueberry farming business. Much of its farmland bordered forested areas in New Brunswick, and the farm alleged that Forest Protection Ltd. had affected the farm adversely by spraying a chemical pesticide over the nearby forests without taking care to ensure that the pesticide would not harm the farm. Prior to this proceeding, Bridges Brothers had succeeding in securing an interim injunction against the spraying, and the farm now sought a permanent injunction against Forest Protection.

The Court held that Forest Protection was liable to Bridges Brothers in nuisance and negligence, but it held that because Forest Protection was an agent of the Crown, it would be inappropriate to grant a permanent injunction against it. Rather than granting the injunction that Bridges Brothers had requested, the Court made a formal declaration of Bridges Brothers’ rights, and it also awarded damages for the losses that the farm had suffered.

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/1976/1976canlii1251/1976canlii1251.html

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