In January, I reported on a decision by the Ontario Court of Appeal overturning a decision in favour of a farm family worth over $2.3 million. At issue in the case was whether the Ontario government was liable for damages resulting from its deposit of asphalt on a dairy farm in the 1960's during highway construction. The Court of Appeal ruled that the damages alleged were not reasonably foreseeable and were not recoverable. My original post is at: Berendsen decision overturned by Ontario Court of Appeal.
The Berendsens are now seeking leave to appeal this decision to the Supreme Court of Canada. Reply submissions were filed on March 8, so the next step will be the Supreme Court's decision on whether or not to allow the appeal to be heard.