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).