by Willms & Shier Environmental Lawyers LLP
On September 29 the Town of Newmarket won a significant legal judgment to eliminate composting odours that had distressed workers and residents for two years. Ontario Superior Court Justice Bryant found that the defendant company, Halton Recycling, had caused a public nuisance by emitting odours that caused extensive disturbance for its neighbours. Justice Bryant ordered Halton Recycling to shut down its operations if it fails to carry out its proposed plan to eliminate off-site odours within 90 days. The shut-down order would last for nine months.
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