Ken Benson

The applicant sought a hearing under the Farm Implements Act regarding a colour sorting machine.

At the commencement of the hearing, the respondent raised a preliminary objection that the applicant had included 'without prejudice' mediation documents in his submission brief.

The Tribunal panel determined that it could not continue to adjudicate the matter without an apprehension of bias after having reviewed the confidential documents.

The panel recused itself, ordered the appointment of a new panel, and directed the applicant to resubmit his document brief without the confidential materials.

The Tribunal also ordered the parties to file submissions regarding its jurisdiction to hear new claims raised by the applicant.

The appellant appealed an engineer's report for a municipal drain under the Drainage Act, arguing that the benefits were not commensurate with the costs and that the allowances provided were excessive.

The Tribunal found that the appellant's evidence regarding property values was insufficient to adjust the allowances calculated in the report.

The Tribunal dismissed the appeal but ordered a minor correction to the report regarding the location of a buffer strip, as requested by the engineer.