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McDonald operated a small farm where he raised pigs for market. The farm was located at the outskirts of a small city, and was surrounded on three sides by rural housing developments. McDonald stored pig manure in the corner of one field until late in the autumn of each year when he used it to fertilize his crop fields. The manure pile was located behind Black’s lot, and attracted an enormous number of flies and insects during the summer months. In addition, the pungent odour of fresh pig manure prevented Black from using his backyard for any kind of social or recreational purpose. Black complained to McDonald about the storage of manure next to his lot, but McDonald refused to change the location, as it was the most convenient storage place from his point of view. Black then took his complaint to the office of the Ministry of the Environment in the city, but was told that manure was not considered a hazardous waste in a farm setting, and was apparently being handled and stored in accordance with standard agricultural practices. Advise Black of his rights (if any) and the possible responses of McDonald to any action on Black’s part.
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