The appellant, a chicken producer, appealed certain 2005 and 2009 policies of the Chicken Farmers of Ontario (CFO) to the Agriculture, Food and Rural Affairs Appeal Tribunal.
The CFO brought a preliminary motion to dismiss the portion of the appeal relating to the 2005 policies, arguing the appellant had known of them for more than a year and was not aggrieved by them.
The Tribunal granted the motion, exercising its discretion under s. 16(4) of the Ministry of Agriculture, Food and Rural Affairs Act to refuse to hear the appeal of the 2005 policies.
The Tribunal noted the policies were developed through a negotiated process, the industry had relied on them for four years, and the requested change to open contracting would fundamentally alter the assurance of supply system.