Mary Field

Andrew Osyany

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJul 31, 2002

Tribunal restores original engineer's report for drain improvement, finding council's reversal arbitrary.

The appellant appealed a municipal council's decision to adopt a revised engineer's report that deleted the proposed closing in of a portion of a municipal drain on his property.

The Tribunal found that the original report proposing the closing in was engineeringly sound and properly assessed.

The Tribunal held that the council's reversal of its initial approval was arbitrary and based solely on the presence of opponents at a council meeting, rather than on the merits of the project.

The appeal was granted, and the municipality was ordered to adopt the original report and absorb the costs of the revised report.

John Vanderkloet v. Township of Enniskillen, 2002 ONAFRAAT 28

Norman Peel

6 cases1998–2014

Barry Bresner

Mary Field

Denis O'Connor

Bill Olson

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalApr 25, 2002

Appeal of tobacco quota cancellation dismissed; evidence supported finding of illegal tobacco sales.

The appellants appealed a decision of the Ontario Flue-Cured Tobacco Growers’ Marketing Board cancelling their basic production quota for participating in illegal sales of tobacco.

The Tribunal found that evidence from an RCMP investigation supported the finding that tobacco was shipped from the appellants' farm to Quebec on two occasions and that the appellants were aware of these shipments.

The Tribunal upheld the penalty of quota cancellation, finding it appropriate given the severity of the infraction in a highly regulated industry.

Stetler et al. v Ontario Flue-Cured Tobacco Growers’ Marketing Board, 2002 ONAFRAAT 15

Barry Bresner

Murray Cardiff

Mary Field

George Klosler

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalApr 8, 2002

Appeal of marketing board decision denying kiln conversion rebate exemption dismissed.

The appellants appealed a decision of the Ontario Flue-Cured Tobacco Growers' Marketing Board denying their request for an exemption from a regulation requiring tobacco kilns to be located on the grower's own land to be eligible for a provincial conversion rebate.

The appellants sought the rebate for kilns located on a farm owned by a family member.

The Tribunal dismissed the appeal, finding that the eligibility criteria were published, applied consistently, and were not unreasonable.

Gubbels v Ontario Flue-Cured Tobacco Growers’ Marketing Board, 2002 ONAFRAAT 13

Ron Folkes

7 cases2000–2021

Geoff Spurr

56 cases1997–2025

Ralph Huckle

Paul Gillen

OAFRAAT0 cases2001–2003

Mary Field

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJan 31, 2002

Tribunal ordered CFO to hold a hearing into processor's entitlement to a 100,000 kg base allocation.

Sunnybrook Farms appealed a decision by the Chicken Farmers of Ontario (CFO) refusing to hold a hearing regarding Sunnybrook's entitlement to a periodic allocation base of 100,000 kilograms of chicken for slaughter.

Sunnybrook argued it had never relinquished its 100,000 kg base allocation established under the 1996 system, while the CFO contended the request was untimely under the 1998 system.

The Tribunal granted the appeal, finding that the definition of supply in the 1996 policy was ambiguous and that Sunnybrook, as a non-member of processor organizations, relied on the CFO to represent its interests.

The Tribunal ordered the CFO to hold a hearing into Sunnybrook's entitlement.

Sunnybrook Farms v Chicken Farmers of Ontario, 2002 ONAFRAAT 3

Mary Field

OAFRAATUnanimous0 cases1997–2011

John Taylor

Jack Young

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalNov 2, 2001

Drainage works approved to meet environmental standards; benefit and outlet assessments adjusted for fairness.

The appellants appealed the engineer's report for the Middleton Street Drain 2001, arguing that existing natural drainage and dry wells were sufficient and that they should not be assessed for works designed to serve future developments.

The Tribunal found that the proposed storm water management system was necessary to comply with Ministry of Environment policies.

However, the Tribunal partially granted the appeals regarding the assessments, ordering adjustments to the benefit and outlet assessments for specific properties, including Coldstream Farms, to ensure a fairer distribution of costs.

Middleton Street Drain 2001 (Re), 2001 ONAFRAAT 51

Mary Field

OAFRAATUnanimous0 cases2001–2002

Jim Gibb

Andrew Osyany

OAFRAAT0 cases1995–2004

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalSep 18, 2001

Crop insurance appeal dismissed; simulated yield model correctly applied despite payout disparities among neighbours.

The appellant appealed a decision by AGRICORP concerning the adjustment of his crop insurance claim for his 2000 hay crop under the Crop Insurance Forage Plan.

The appellant argued that the computer-simulated yield model unfairly resulted in a significantly lower payout for his farm compared to his neighbours.

The Tribunal found that AGRICORP administered the Forage Plan correctly and in accordance with the insurance agreement purchased by the appellant.

The appeal was dismissed, though the Tribunal recommended AGRICORP investigate amending the plan to use a fairer 'smart circle' methodology.

Hietkamp v. Agricorp, 2001 ONAFRAAT 43

Russell Piper

OAFRAATUnanimous0 cases1994–2005

Mary Field

Jack Young

Andrew Osyany

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJul 20, 2001

Drainage works approved with minor adjustments to property assessments; appeals otherwise dismissed.

Several landowners appealed the Engineer's Report and the decision of the Court of Revision regarding the proposed Louks Drain in the Township of Norfolk.

The appellants argued that the drain was unnecessary, the route should be modified, and their assessments were too high.

The Tribunal found insufficient evidence to halt the construction or alter the proposed route, noting the project was driven by the need to provide drainage to residential lots.

However, the Tribunal made minor adjustments to the statutory benefit and outlet liability assessments for specific properties to better reflect the actual benefits received.

The appeals under sections 48 and 54 of the Drainage Act were otherwise dismissed.

Louks Drain (Re), 2001 ONAFRAAT 35

Geoffrey Spurr

59 cases1997–2021

Fausto Bonifero

1 case2001–2001

Tom Hall

Ralph Huckle

Mary Field

Denis O'Connor

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalMay 24, 2001

Tribunal upholds permanent cancellation of chicken quota for repeat offender who marketed unreported chicken.

The appellant, a chicken producer, appealed a decision of the Chicken Farmers of Ontario (CFO) cancelling 1,782 units of basic quota as a penalty for producing and marketing unreported chicken.

The appellant argued the penalty was disproportionately severe compared to other producers who received temporary reductions in future production rather than permanent quota cancellation.

The Tribunal found the penalty was appropriate and consistent with the CFO's treatment of producers who required a full investigation rather than signing an agreed statement of facts.

The Tribunal upheld the penalty, noting it was the appellant's second offence and emphasizing the need for strong deterrence to protect the integrity of the supply management system.

Benke v. Chicken Farmers of Ontario, 2001 ONAFRAAT 27

appellant

Dale McFeetersSelf-represented
2 appearances
Alexander NacewiczSelf-represented
1 appearance
Bonnie McDonaldSelf-represented
1 appearance
Grant BurksSelf-represented
1 appearance
Jeff GammieSelf-represented
1 appearance
Jeff HietkampSelf-represented
1 appearance
John Van BommelSelf-represented
1 appearance
John VanderkloetSelf-represented
1 appearance
Ken HolsteinAgent
1 appearance
Larry McNeilSelf-represented
1 appearance
Linda SharpinSelf-represented
1 appearance
Mark SchnurrSelf-represented
1 appearance
Marvin McDonaldSelf-represented
1 appearance
Mary Rutherford CosbySelf-represented
1 appearance
Alexander DamenSelf-represented
1 appearance
Steven HareSelf-represented
1 appearance

appellant, also representing 934671 Ontario Ltd.

Wyatt StetlerSelf-represented
1 appearance

appellants

Brian JohnstonSelf-represented
1 appearance
Joyce ElphickSelf-represented
1 appearance
Ken ElphickSelf-represented
1 appearance
Linda JohnstonSelf-represented
1 appearance

Appellants and landowners

Robert McWilliamSelf-represented
1 appearance
Susan McWilliamSelf-represented
1 appearance

assessed landowner

Cheryl YoungSelf-represented
1 appearance
Hank GorisSelf-represented
1 appearance
John KlapakSelf-represented
1 appearance
Terry CalloghanSelf-represented
1 appearance

counsel for Case IH Corporation

Brian BrockCounsel
1 appearance

counsel to appellants, Wyatt Stetler and 934671 Ontario Ltd.

Norman PeelCounsel
1 appearance

counsel to CFO

Geoff SpurrCounsel
1 appearance

counsel to Sunnybrook Farms

Ron FolkesCounsel
1 appearance

counsel to the appellant

Fausto BoniferoCounsel
1 appearance

counsel to the appellant, Kejay Investments Inc.

James WickettCounsel
1 appearance

counsel to the appellants

Sunil MathaiCounsel
2 appearances
Julian FalconerCounsel
2 appearances
Robert NightingaleCounsel
1 appearance

counsel to the respondent

Geoffrey SpurrCounsel
3 appearances
Barry BresnerCounsel
2 appearances

counsel to the respondent, the OFCTGMB

Barry BresnerCounsel
1 appearance

counsel to the respondent, the OPVG

Geoffrey SpurrCounsel
1 appearance

counsel to the Tribunal

Michelle Douglas-CummingsIndependent Legal Counsel
1 appearance

Deputy Mayor, on behalf of the Municipal Council, Township of Enniskillen

Jim BurnsAgent
1 appearance

Drainage Superintendent for the Municipality of Dutton/Dunwich

Brent ClutterbuckAgent
1 appearance

Drainage Superintendent on behalf of the Municipality

Wray RamseyAgent
1 appearance

Drainage Superintendent, Township of Enniskillen

Ray DobbinAgent
1 appearance

engineer who prepared the report

Mike DeVosAgent
1 appearance

Engineer who prepared the Report

John M. SprietAgent
1 appearance

for AGRICORP

Husseinali ShivjiAgent
1 appearance
Fred ThomsonAgent
1 appearance

for Canada Milk Inc.

Robin ParishAgent
1 appearance

for Glen Tulpin

Julien DeplanckeAgent
1 appearance

for herself

Joyce ElphickSelf-represented
1 appearance
Linda JohnstonSelf-represented
1 appearance
Linda SharpinSelf-represented
1 appearance

for himself

Bob KordybanSelf-represented
1 appearance
Brian JohnstonSelf-represented
1 appearance
Jeff GammieSelf-represented
1 appearance
John SoenenSelf-represented
1 appearance
Ken ElphickSelf-represented
1 appearance
Milton SmithSelf-represented
1 appearance
Nick WallSelf-represented
1 appearance
Peter HutchisonSelf-represented
1 appearance
Steven HareSelf-represented
1 appearance
Stuart GomesSelf-represented
1 appearance

for himself and his brother Ron Jarvis, appellants

Keith JarvisSelf-represented
1 appearance

for himself, John and Betty Denby, appellants

William (Bill) DenbySelf-represented
1 appearance

for Maria Janzen

Suzanna JanzenAgent
1 appearance

for the appellant

John SmuckSelf-represented
1 appearance
Keith VanderbekeSelf-represented
1 appearance
Robert ShapiroCounsel
1 appearance
Sher HelmerSelf-represented
1 appearance
Tom BradishSelf-represented
1 appearance

for the appellant, Georgian Bay Milk Company

James P. McIlroyCounsel
1 appearance

for the appellant Milton Smith

Bryon WiebeAgent
1 appearance

for the appellants

Hubert GubbelsSelf-represented
1 appearance

for the appellant, Sharalea Farms Inc.

Scott AndersonAgent
1 appearance

for the Applicant

Alvaro VenturelliUnion representative
1 appearance
Ann SlaterUnion representative
1 appearance
Don MillsUnion representative
1 appearance
John D. HoltropSelf-represented
1 appearance
John HoltropSelf-represented
1 appearance
John SutherlandUnion representative
1 appearance
Peter DowlingUnion representative
1 appearance

for the CFFO

Lorne SmallAgent
4 appearances
Henry StevensAgent
2 appearances
Frances PitkinAgent
2 appearances
Gerald PoechmanAgent
2 appearances
John ClementAgent
2 appearances
Nathan StevensAgent
2 appearances

for the Grape Growers of Ontario

Geoffrey SpurrCounsel
1 appearance

for the Minister

Kristopher Crawford-DickinsonCounsel
2 appearances

for the municipality

John D. ValleeAgent
1 appearance

for the NFU-O

Ann SlaterAgent
4 appearances
Sarah BakkerAgent
3 appearances
Sarah BakkerUnion representative
2 appearances
Ann SlaterUnion representative
2 appearances
Sean P. BawdenCounsel
2 appearances
Sarah BakkerSelf-represented
1 appearance
Sean McGivernAgent
1 appearance
Steve DickAgent
1 appearance
Alvaro VenturelliAgent
1 appearance
Ann SlaterSelf-represented
1 appearance
Don MillsAgent
1 appearance
John SutherlandAgent
1 appearance
Michael SchmidtAgent
1 appearance
Peter DowlingAgent
1 appearance
Rae MacIntyreAgent
1 appearance

for the OFA

Neil CurrieAgent
4 appearances
Lori PerkesAgent
4 appearances
Jason BentAgent
2 appearances
Mark WalesAgent
2 appearances

for the OFCTGMB, the respondent

Barry BresnerCounsel
1 appearance

for the respondent

John KuntzeAgent
1 appearance
Peter WechselmannCounsel
1 appearance
Geoffrey SpurrCounsel
1 appearance
Fred ThompsonAgent
1 appearance
Fred ThomsonAgent
1 appearance
Geoff SpurrCounsel
1 appearance
Joe BenningerSelf-represented
1 appearance

for the respondent, Dairy Farmers of Ontario

Geoffrey P. SpurrCounsel
1 appearance

for the respondent, the OFCTGMB

Barry BresnerCounsel
1 appearance

for the respondent, the Township of Malahide

John R. SprietAgent
1 appearance

for the Township of Norfolk

John R. SprietAgent
1 appearance

for the Wine Council of Ontario

James McIlroyCounsel
1 appearance

for Westview Church

George BartlettAgent
1 appearance

on behalf of D. Lassaline, assessed landowner

Charlie LassalineAgent
1 appearance

on behalf of himself and his brother Ron Jarvis, appellants

Keith JarvisSelf-represented
1 appearance

on behalf of himself, John and Betty Denby, appellants

William (Bill) DenbySelf-represented
1 appearance

on behalf of the AOCP

Robert ShapiroAgent
1 appearance

on behalf of the respondent

Chris VanderkooyAgent
1 appearance

on behalf of the Respondent

Ben GeigerAgent
1 appearance

on behalf of the respondent CFO

Kevin ThompsonAgent
1 appearance

on behalf of the Township of Huron-Kinloss, respondent

John KuntzeAgent
1 appearance

Petitioners for drain and interested landowners

Anne Marie McWilliamSelf-represented
1 appearance
Cameron McWilliamSelf-represented
1 appearance

representing himself and River Ridge Limited

John GilvesySelf-represented
1 appearance

respondent, Vandenbrink Farm Equipment

Anne VandenbrinkSelf-represented
1 appearance
David VandenbrinkSelf-represented
1 appearance

Decisions

Years active

Tribunals

0.3

cases/mo

OAFRAAT49(100%)

Decision types

appeal

motion

trial

/Adjudicator

Mary Field — Member

Mary Field

Member·Agriculture, Food & Rural Affairs Appeal Tribunal·Since 2001

cases · 14 yrs · OAFRAAT

Trial

Motion

Costs

Appeal

Sentencing

Member· 47Member· 2

Terry Denison

OAFRAATUnanimous0 cases2001–2018

Mary Field

Jack Young

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalDec 20, 2002

Drainage report adopted with modified assessments; engineer's conduct found professional despite bio-security concerns.

The appellants appealed the decision of the Court of Revision and the engineer's report regarding the reconstruction of the Rutherford Drain.

They argued the proposed works were unnecessary, the assessments were unfair, and the engineer acted unprofessionally by entering their property without observing bio-security signage.

The Tribunal found the engineer acted professionally and the works were necessary due to the undersized and aging drain.

However, the Tribunal modified the assessments, reducing the benefit assessment against the McDonald property and increasing it for other benefiting properties.

Rutherford Drain (Re), 2002 ONAFRAAT 45

Yvon Simoneau

OAFRAATUnanimous0 cases2002–2004

Mary Field

Andrew Osyany

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJul 31, 2002

Tribunal restores original engineer's report for drain improvement, finding council's reversal arbitrary.

The appellant appealed a municipal council's decision to adopt a revised engineer's report that deleted the proposed closing in of a portion of a municipal drain on his property.

The Tribunal found that the original report proposing the closing in was engineeringly sound and properly assessed.

The Tribunal held that the council's reversal of its initial approval was arbitrary and based solely on the presence of opponents at a council meeting, rather than on the merits of the project.

The appeal was granted, and the municipality was ordered to adopt the original report and absorb the costs of the revised report.

John Vanderkloet v. Township of Enniskillen, 2002 ONAFRAAT 28

Norman Peel

6 cases1998–2014

Barry Bresner

Mary Field

Denis O'Connor

Bill Olson

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalApr 25, 2002

Appeal of tobacco quota cancellation dismissed; evidence supported finding of illegal tobacco sales.

The appellants appealed a decision of the Ontario Flue-Cured Tobacco Growers’ Marketing Board cancelling their basic production quota for participating in illegal sales of tobacco.

The Tribunal upheld the penalty of quota cancellation, finding it appropriate given the severity of the infraction in a highly regulated industry.

Stetler et al. v Ontario Flue-Cured Tobacco Growers’ Marketing Board, 2002 ONAFRAAT 15

Barry Bresner

Murray Cardiff

Mary Field

George Klosler

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalApr 8, 2002

Appeal of marketing board decision denying kiln conversion rebate exemption dismissed.

The appellants sought the rebate for kilns located on a farm owned by a family member.

The Tribunal dismissed the appeal, finding that the eligibility criteria were published, applied consistently, and were not unreasonable.

Gubbels v Ontario Flue-Cured Tobacco Growers’ Marketing Board, 2002 ONAFRAAT 13

Ron Folkes

7 cases2000–2021

Geoff Spurr

56 cases1997–2025

Ralph Huckle

Paul Gillen

OAFRAAT0 cases2001–2003

Mary Field

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJan 31, 2002

Tribunal ordered CFO to hold a hearing into processor's entitlement to a 100,000 kg base allocation.

Sunnybrook argued it had never relinquished its 100,000 kg base allocation established under the 1996 system, while the CFO contended the request was untimely under the 1998 system.

The Tribunal ordered the CFO to hold a hearing into Sunnybrook's entitlement.

Sunnybrook Farms v Chicken Farmers of Ontario, 2002 ONAFRAAT 3

Mary Field

OAFRAATUnanimous0 cases1997–2011

John Taylor

Jack Young

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalNov 2, 2001

Drainage works approved to meet environmental standards; benefit and outlet assessments adjusted for fairness.

The Tribunal found that the proposed storm water management system was necessary to comply with Ministry of Environment policies.

Middleton Street Drain 2001 (Re), 2001 ONAFRAAT 51

Mary Field

OAFRAATUnanimous0 cases2001–2002

Jim Gibb

Andrew Osyany

OAFRAAT0 cases1995–2004

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalSep 18, 2001

Crop insurance appeal dismissed; simulated yield model correctly applied despite payout disparities among neighbours.

The appellant appealed a decision by AGRICORP concerning the adjustment of his crop insurance claim for his 2000 hay crop under the Crop Insurance Forage Plan.

The appellant argued that the computer-simulated yield model unfairly resulted in a significantly lower payout for his farm compared to his neighbours.

The Tribunal found that AGRICORP administered the Forage Plan correctly and in accordance with the insurance agreement purchased by the appellant.

The appeal was dismissed, though the Tribunal recommended AGRICORP investigate amending the plan to use a fairer 'smart circle' methodology.

Hietkamp v. Agricorp, 2001 ONAFRAAT 43

Russell Piper

OAFRAATUnanimous0 cases1994–2005

Mary Field

Jack Young

Andrew Osyany

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJul 20, 2001

Drainage works approved with minor adjustments to property assessments; appeals otherwise dismissed.

Several landowners appealed the Engineer's Report and the decision of the Court of Revision regarding the proposed Louks Drain in the Township of Norfolk.

The appellants argued that the drain was unnecessary, the route should be modified, and their assessments were too high.

The Tribunal found insufficient evidence to halt the construction or alter the proposed route, noting the project was driven by the need to provide drainage to residential lots.

However, the Tribunal made minor adjustments to the statutory benefit and outlet liability assessments for specific properties to better reflect the actual benefits received.

The appeals under sections 48 and 54 of the Drainage Act were otherwise dismissed.

Louks Drain (Re), 2001 ONAFRAAT 35

Geoffrey Spurr

59 cases1997–2021

Fausto Bonifero

1 case2001–2001

Tom Hall

Ralph Huckle

Mary Field

Denis O'Connor