This case was heard in the New Brunswick Court of Appeal.
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. The New Brunswick Court of Queen's Bench 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 Court cancelled the injunction accordingly.
Metz appealed to the New Brunswick Court of Appeal, which held that the Court of Queen’s Bench had erred in finding that Metz should not receive an injunction if it had not proved that it was not creating a nuisance. The Court therefore reversed the order of the Court of Queen’s Bench, reinstated the original injunction, and extended it as Metz had requested.
To read earlier decisions related to this case, go to Metz Farms 2 Ltd. v. Committee Against Hog Factories, 2000 CanLII 7744 (NB QB) and Metz Farms 2 Ltd. v. Committee Against Hog Factories, 2000 CanLII 6105 (NB QB).