Image

Buurma Acres fails to recoup $125K in legal fees for farm board hearing

October 14, 2021

Lawyers said Brooke-Alvinston ‘made a clear and concerted effort to malign the character of David Buurma’

An attempt by one of the principals of Buurma Acres to force Brooke-Alvinston to pay his legal bills for a case he filed to the Normal Farm Practices Protection Board has failed.

In April 2020, David Buurma appealed to the board to look at the bylaws of Brooke-Alvinston limiting the director of Lasalle Agri from storing the fertilizer made from human waste on fields in the region and to store large quantities of it on a Buurma Acres farm on Churchill Line.

The board ruled that while centralized storage was a normal farm practice, the facility Buurma Acres was using wasn’t adequate. It ordered the organization to fix the building to reduce the possibility of odours escaping and spontaneous combustion of the material.

Recently, lawyers for Buurma filed written arguments to the board asking it to order Brooke-Alvinston to pay $125,000 of its $173,121 legal bill.

Buurma’s lawyers wrote the municipality “made a clear and concerted effort to malign
the character of David Buurma as a principal of LaSalle Agri Inc. It is alleged that this started before the hearing and came out further during the course of the hearing,” adding “there was an attempt to ‘demonize’ the fertilizer itself.”

The municipality denied that.

The NFPPB Chair, Glenn Walker wrote in his Oct. 5 decision, “there was no attempt to malign the character of David Buurma personally; and if there was, there is no evidence to suggest that this was done maliciously.”

Buurma’s lawyers also said the municipality should have paid legal costs because it failed to call evidence from anyone with farming experience, or about concerns about the environment, nor did it call expert witness about the odour concerns or first responders about the smouldering biosolids fertilizer in question.

Walker says normally, costs would be awarded if a defense wasn’t mounted at all.

“A party should be free to choose the nature and amount of evidence it calls at a hearing.
It may be that the party will be unsuccessful in the litigation as a result of that choice.
However, that choice does not represent clearly unreasonable, frivolous, vexatious or bad
faith conduct,” Walker wrote.

The chair of the NFFPB turned down Buurma’s requests for costs.

The municipality in its reply to the request asked the chair to award it costs of $11,413 for responding to Buurma’s application to have his legal fees paid. Walker instead ordered Buurma to pay $1,000 to the municipality and added in any future cases the costs would be “more realistic.”

The Independent calculated that by May 2021, Brooke-Alvinston had already spent $128,260.72 defending itself at the NFPPB. Warwick had also incurred $12,500 in costs. Brooke-Alvinston, Warwick and Dawn-Euphemia, who were all advised Buurma Acres had filed cases before the NFPPB, were to split those bills three ways once the legal proceedings were over.

Share This

Image
Front Page

Construction on Camlachie golf course condos may begin in 2027

August 7, 2026

Heather Wright/The Independent A long-dormant plan for condominium in Camlachie has new life. LANDx Development officials say they hope to begin construction on the 76-unit project by 2027. The company came to Plympton-Wyoming council July 27 looking for an extension to a planning agreement reached in 2022, which was about to expire. The concept plan at Sawmill Creek Golf Course

Read More

Image
Front Page

More traffic controls added in Watford during construction

August 7, 2026

Heather Wright/The Independent Warwick Township council is taking more action to make sure detoured traffic isn’t causing problems. The intersection of Confederation Line and Nauvoo Road is being reconstructed. The work began five weeks ago and is expected to last until at least mid-August. As soon as the County of Lambton put up the detour signs, traffic began winding its

Read More

Image
Front Page

Gladu has no regrets as federal funding starts to trickle into Sarnia-Lambton

August 4, 2026

Cathy Dobson/Local Journalism Initiative Former Conservative MP Marilyn Gladu says the death threats and harassment she received after crossing the floor and joining the Liberals in April are dissipating. And more federal dollars have started flowing to her Sarnia-Lambton-Bkejwanong riding, she said while speaking to reporters Tuesday. An estimated 75 per cent of people in contact with her are very

Read More

Image
Front Page

Mischief charges laid after RV sale near Dresden goes bad

August 4, 2026

The Independent A Wallaceburg man is facing charges after losing his cool while trying to buy an RV from a Tramway Road resident. Chatham-Kent Police were called to the home outside of Dresden after 3 pm July 31. Police found a man had come to the home to buy an RV. While he was there, the man was angry and

Read More