Metz Farms 2 Ltd. v. Committee Against Hog Factories, 2000 CanLII 6105 (NB QB)

This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).

After Metz Farms 2 Ltd. ("Metz") secured a license to dispose of manure from its pig farm on lands in Kent County, New Brunswick, concerned community members began protesting. Metz applied for and was granted an interim injunction to prevent the protesters from interfering with its employees’ ability to travel public roads in the area.

As the interim injunction was set to expire, Metz applied to have it extended. This time, the Judge who considered the matter held that because Metz had not proved that it was not creating a nuisance (that it was not interfering with the community members’ own property rights), not only should the existing injunction not be extended, it should be dissolved and set aside. The Judge cancelled the injunction accordingly.

To read about an earlier decision related to this case, go to Metz Farms 2 Ltd. v. Committee Against Hog Factories, 2000 CanLII 7744 (NB QB). To read about this case in the New Brunswick Court of Appeal, go to Metz Farms 2 Ltd. v. Committee Against Hog Factories, 2001 NBCA 11 (CanLII).

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/2000/2000canlii6105/2000canlii6105.html

Disclaimer:
Case briefs in our Resource Library are drafted by law students who work or volunteer with East Coast Environmental Law, and East Coast Environmental Law does not guarantee their fullness or accuracy. Library users should not rely on case briefs as comprehensive accounts of the issues, facts, reasoning, or outcomes at stake in any given case. 

If you require more detailed information about a court decision or legal issue, please consider using our Environmental Law Inquiry Service to request information from our staff.