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.
Two farmers with salt from Ministry of Transport in 1986 made it to a successful case at the Supreme Court of Canada. Lewington in No Right of Way" in case involving the pipe line companies made it to a successful case at the Supreme of Canada. The Western Canada Farmer lost his Monsanto Seed problem, then took Monsanto to court to make them clean up his fields of Monsanto Product. This will be the second time for Berensden at the Supreme Court of Canada as he beat the Statute of Limitations. Then again, it took the Privy Council of England to resolve the Persons Litigation ( It wasn't the Supreme Court of Canada).
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