In Pyke v. Trigrow, the Ontario Supreme Court recently awarded damages to the neighbours of a mushroom farm for unpleasant odors. The odors were generated as a result of the anaerobic composting of the mushroom growing medium. The judge awarded damages — between $7,500 and $40,000 — for nuisance based on the frequency and extent of the interference with reasonable enjoyment of properties. The judge refused to award compensation for impact on property values, relying on Ontario case law that disallows damage awards for property value unless the property has been sold or sale has been unsuccessful.
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