Frank Handy

The appellant corporation appealed a decision by the Dairy Farmers of Ontario (DFO) denying an exemption from a 15% transfer assessment on the sale of its dairy quota.

The appellant argued that the unexpected terminal illness and death of one of the farm's two primary operators constituted special circumstances warranting an exemption.

The Tribunal found that while the circumstances were tragic, the surviving operator was physically capable of continuing the operation and the decision to exit the industry was a personal choice rather than an absolute necessity.

The Tribunal concluded that granting an exemption for a personal decision to exit the industry would improperly expand the special circumstances policy, and dismissed the appeal.

The appellant appealed a Director's decision to revoke his meat plant operating license under the Food Safety and Quality Act.

The Tribunal found that the appellant had consistently and wilfully breached the Act and its Regulation by removing a required water sampling tap, failing to keep maintenance and temperature records, and refusing to comply with inspector orders.

Given the appellant's history of non-compliance, reckless attitude toward food safety, and lack of reasonable prospect for future compliance, the Tribunal concluded it was in the public interest to revoke the license.

The appeal was dismissed.

The appellant, owner of a meat plant, appealed a Director's decision suspending his license for three days for obstructing an inspector under the Food Safety and Quality Act.

The appellant had ordered an inspector to leave his plant and imposed conditions on her return.

The Tribunal found that the appellant's actions amounted to obstruction, as inspection requires unrestricted access to ensure compliance.

The Tribunal also found the appellant had received prior warning about obstruction and was aware of his obligations.

The appeal was dismissed and the three-day license suspension was upheld.

The appellants, including several pork producers and associations, appealed a decision of the Ontario Farm Products Marketing Commission that revoked the mandatory marketing powers of the Ontario Pork Producers' Marketing Board (Ontario Pork).

The Commission's decision allowed producers to voluntarily choose their marketing methods and enter into direct supply contracts.

The Agriculture, Food and Rural Affairs Appeal Tribunal found that the Commission's decision did not respect the legislative principles of the Farm Products Marketing Act, as it effectively removed control of marketing from the local board without establishing an alternative plan.

The Tribunal ordered that the mandatory marketing provisions of Regulation 419 remain in force, but granted an 18-month blanket exemption to allow producers to market independently while Ontario Pork completes a comprehensive strategic planning and governance reform process.

The appellants, an unincorporated association of dairy producers and three individuals, brought a motion to adjourn the hearing of their appeal of the Dairy Farmers of Ontario's 2009 quota policies.

The respondent opposed the adjournment and sought costs, arguing the appellants had failed to comply with a prior procedural order.

The Tribunal granted the adjournment pending the release of a decision in a related appeal concerning the 2006 policies, finding that the outcome of that appeal could significantly impact the present matter.

However, the Tribunal imposed strict conditions on the appellants to proceed promptly once the 2006 decision is released.

The Tribunal declined to award costs against the appellants, noting that costs are rarely awarded in public administrative hearings and the respondent's preparation efforts would not be wasted.

The appellant, a dairy farmer, suffered a catastrophic injury in a farming accident and was forced to sell his entire milk quota.

The Dairy Farmers of Ontario (DFO) applied a 15% transfer assessment to the sale and denied his request for an exemption under the extraordinary circumstances policy.

The appellant appealed to the Tribunal.

The Tribunal found the DFO's exemption policy lacked clear criteria and criticized its inconsistent and confidential handling of exemption requests.

Recognizing the appellant's extraordinary circumstances but also the significant appreciation in his quota value over 28 years, the Tribunal partially granted the appeal and ordered the DFO to refund half of the withheld assessment amount.

The Agriculture, Food and Rural Affairs Appeal Tribunal issued an interim decision regarding appeals of a decision by the Ontario Farm Products Marketing Commission.

The Tribunal addressed preliminary matters, including the disclosure of prior involvement by two Vice Chairs, to which no parties objected.

The Tribunal established procedural rules for the admission of documents from the Commission record and ordered the consolidation of appeals by three appellants.

The Tribunal also set the order of presentation for the hearing, granted intervenor status to De Wetering Hill Farms, and established a schedule for the exchange of documents, expert reports, and future hearing dates.

On a motion within an appeal from dairy quota policy changes, the Tribunal held that an appeal from the respondent board's new quota policies triggered the automatic stay under s. 25(1) of the Statutory Powers Procedure Act.

Applying the RJR-MacDonald framework, the Tribunal found a serious issue, irreparable harm to the public interest if the stay remained wholly in place, and a balance of inconvenience favouring the respondent board.

The Tribunal nevertheless held that statutory stays should be lifted cautiously and that the original stay had suspended the new policies in their entirety.

It limited the stay so that only producer members of the appellant organization as of the launch date of the appeal remained subject to the old 2006 policies pending the appeal.

The Dairy Farmers of Ontario (DFO) brought a motion to lift or vary an automatic stay imposed on its March 2009 quota policy pending an appeal by the Ontario Quota Rights Organization (OQRO).

The OQRO brought a motion to adjourn the DFO's motion to allow for cross-examination.

The Tribunal acknowledged the urgency of determining the stay before the policy's effective date but granted a short adjournment to ensure a full record and allow the OQRO to prepare its argument effectively.

The Agriculture, Food and Rural Affairs Appeal Tribunal held a pre-hearing conference regarding an appeal by the Ontario Quota Rights Organization and individual dairy farmers against a decision of the Dairy Farmers of Ontario.

The Tribunal issued a procedural order setting deadlines for document disclosure, expert reports, and the filing of a common book of documents.

The Tribunal also scheduled a hearing for the respondent's motion to lift the statutory stay of its decision.

The Tribunal held a pre-hearing conference to determine the procedure for appeals of a decision by the Ontario Farm Products Marketing Commission regarding the Ontario Pork Producers' Marketing Board.

The Tribunal ordered a de novo hearing, noting its statutory authority under the Ministry of Agriculture, Food and Rural Affairs Act to substitute its opinion for that of the Commission.

The Tribunal set a schedule for parties to submit proposed issues and scheduled a hearing date to determine standing, issues, and procedural matters.