Rausch v. City of Pickering; Farming and Food Production Protection Act (FFPPA); FFPPA

2013 ONCA 740 (CanLII); Lerners acted on behalf of the appellant City in this appeal from an unsuccessful Rule 21 motion. The Rule 21 motion considered the question of whether the City of Pickering owed either a statutory or common law duty of care to a farmer pursuant to provisions of the Farming and Food Production Protection Act (FFPPA). The Court of Appeal held that it was not “plain and obvious” that a negligence claim premised on the FFPPA could not succeed, and dismissed the appeal.