No parent wants to think about the possibility of their son’s or daughter’s marriage failing. However, it may be necessary to think about it to avoid having half of the family’s farm legacy lost in a messy divorce. A pre-nuptial agreement may be the first thing that comes to mind…

Doing chores on the farm without any financial compensation may still be a time-honoured tradition in Ontario, but the courts do not necessarily see it that way. This is especially true when it involves an adult-labourer working for free or being insufficiently paid on a farm. It makes no difference…

Many believe that agricultural tenants have little or no rights. This is simply not true. It is true that agricultural tenants do not enjoy the same rights as residential tenants, who are afforded a comprehensive package of rights through the Residential Tenancies Act, but this does not mean that agricultural…

Depending on the circumstances, the short answer is “yes”. If mom or dad promises to pass on the family farm to his or her son or daughter in exchange for dedication and years of labour on the farm, it may be deemed a binding and enforceable contract. As a result,…

So-called “investigations” by radical animal rights organizations have been well publicized by major media outlets over the past few years. I am reluctant to use the term “investigation” to describe such activities, however, because it almost lends a degree of legitimacy to the practice. Their activities are illegal and, given…

It has been almost four years since we successfully argued at the Federal Court of Appeal to limit the scope of damages available in two post-Schmeiser seed patent cases. While admitting infringement and offering to pay damages, four farmers stood up to Monsanto and proved that they only owed money…

On April 30, 2014, Ontario’s new Provincial Policy Statement [PPS] will come into effect. With it will come countless business opportunities previously prohibited in Agriculture zoned areas. The importance and effect of the PPS is generally underappreciated from a municipal law and land use perspective. It is common to discover…

I was extremely pleased to see Kristen Kelderman of Farm & Food Care Ontario at the Ontario Bar Association’s annual Animal Law conference; which she wrote about and was published in the February 25, 2014 Ontario Farmer. As pointed out by Ms. Kelderman, the debate presented by the OBA was…