Dr. Stan Benda

Seven chicken producers appealed a decision by the Chicken Farmers of Ontario (CFO) denying compensation for losses resulting from a quarantine imposed by the Canadian Food Inspection Agency.

The CFO brought a preliminary motion arguing the Tribunal lacked jurisdiction to grant the requested relief, which included out-of-pocket expenses and lost profits.

The majority of the Tribunal granted the motion in part, finding it had no statutory authority to award compensatory damages or lost profits arising from the quarantine.

However, the Tribunal found it did have jurisdiction to hear claims regarding over and under marketing levies and penalties.

The appellant filed a broad appeal challenging the chicken supply management system, seeking damages, declaratory orders, and a general inquiry into food affordability.

The Chicken Farmers of Ontario brought a motion to dismiss or limit the scope of the appeal.

The Tribunal held that it lacked the statutory jurisdiction to award damages, make declaratory judgments, or conduct general inquiries.

The Tribunal also found it lacked jurisdiction over parties other than the appellant, the CFO, and the Commission, and lacked subject matter jurisdiction over Commission policies and regulations.

However, the Tribunal declined to dismiss the appeal entirely, allowing the appellant to file an amended notice of appeal restricted to challenging the CFO's 300 bird exemption policy.