Motion to amend stay order dismissed; Tribunal declined to act as escrow agent for security.
The appellant brought a motion to amend a previous Tribunal order requiring it to provide a $3.3 million letter of credit to the Dairy Farmers of Ontario (DFO) as security during an appeal.
The appellant requested that the Tribunal hold the security instead of DFO and that DFO be prevented from realizing the security until 90 days after the Tribunal's order becomes final.
The Tribunal dismissed the motion, declining to act as an escrow agent to avoid becoming a party to future litigation.
The Tribunal also found it lacked jurisdiction to order the security held past the date the decision becomes final under the Ministry of Agriculture, Food and Rural Affairs Act, as it would be functus officio.
1048547 Ontario Inc. (Skotidakis Goat Farm) v. Dairy Farmers of Ontario, 2021 ONAFRAAT 9