Supreme Court of Canada dismisses application with costs in favour of Respondent in environmental case

May 30, 2022

James Dell, et al. v. Zeifman Partners Inc. as operator of the waste disposal site at 2021 Four Mile Creek Road, Niagara on the Lake, 2022 CanLII 14381 (SCC)

In a March 3, 2022 decision, the Supreme Court of Canada (the “SCC”) dismissed an application for leave to appeal, with costs, in favour of Zeifman Partners, Inc. (“Zeifman”).

The application was made in relation to a dispute between Vandermeer Greenhouses Ltd. (“Vandermeer”) and nearby residents (the “Applicants”), concerning the installation and operation of an anaerobic digester, an alternative energy system, located near Niagara-on-the-Lake, Ontario. Zeifman took over operations as Vandermeer’s appointed receiver after the company filed for bankruptcy, inheriting the dispute, and the Applicants subsequently filed an application against Zeifman before the Ontario Normal Farm Practices Protection Board (the “Board”) seeking relief under the Farming and Food Production Protection Act.

The Applicants appealed certain elements of the Board’s findings, which were dismissed at the Divisional Court.  In 2020-2021, Miller Thomson successfully represented Zeifman in responding to a further leave to appeal to the Ontario Court of Appeal.  In 2021-2022, Miller Thomson successfully represented Zeifman in responding to a further leave to appeal by the Applicants to the Supreme Court of Canada.  Cost awards were made in favour of Zeifman in both the Ontario Court of Appeal and Supreme Court of Canada.

Miller Thomson represented Zeifman in the successful proceedings with a team comprised of Tamara Farber (Environmental); Gregory Azeff (Restructuring & Insolvency); as well as Kate Genest and Matthew Cressatti (Commercial Litigation).

Miller Thomson’s Environmental Law Group is comprised of a national team of specialised legal advisers, planners, negotiators, former regulators, and advocates with a deep knowledge of Canadian Federal and Provincial environmental issues, regularly assisting clients to find solutions in a broad range matters including, purchase and sale of businesses and contaminated real estate; real estate remediation and redevelopment; regulatory compliance matters at all levels of government including cross-border issues; liability risk management; and representation in civil claims as well as prosecution defence. We help our clients dig deeper to uncover issues before they affect their business. Learn more about our full suite of legal services.