Maurice Janisse

Following the dismissal of the applicants' claim regarding a turn-key installation of a new milk dairy parlour, the respondent requested $15,000 in costs.

The respondent argued the applicants acted unreasonably, frivolously, vexatiously, or in bad faith by pursuing the application despite a signed release and by alleging the respondent caused a mastitis outbreak in their herd.

The Tribunal denied the request for costs, finding that the applicants had a genuine belief that the release was unenforceable and that the respondent's actions caused the mastitis outbreak, and therefore did not act in bad faith.

The applicants, dairy farmers, sought $150,000 in compensation from a farm equipment dealer under the Farm Implements Act, alleging that defective milking and stabling equipment caused mastitis and elevated somatic cell counts in their herd.

The Tribunal found no proven causal link between the equipment and the herd's health decline.

Furthermore, the Tribunal upheld a settlement release signed by the parties, rejecting the applicants' arguments that it was signed under duress or voided by the respondent's subsequent breach of its confidentiality clause.

The application was dismissed.

The City of Sarnia applied to the Tribunal under section 58(4) of the Drainage Act to amend a by-law governing the Clark Drain and Branches.

During construction of a pump station, asbestos was discovered in the existing building, leading to delays and a redesign that replaced the planned building with an outdoor station and weatherproof enclosures.

The Tribunal found that the modifications did not negatively impact the drainage works' capacity or cost apportionment, and granted the application to amend the by-law to reflect the as-constructed drawings.

The appellants appealed the special benefit assessments levied against their properties for the replacement of access bridges and the restoration of their asphalt driveways as part of a municipal drain improvement project.

The Tribunal found that the need to replace the bridges was entirely due to increased flows from upstream residential development that lacked proper stormwater management.

Consequently, the Tribunal granted the appeals, removing the special benefit assessments from the appellants' properties and redistributing the costs to the upstream non-agricultural lands and the municipal road authorities.

The appellant appealed the Engineer's Report for the Setterington Lane Municipal Drain under the Drainage Act, challenging the assessments, the design of the drainage works, and the allowances provided.

The Tribunal found that the proposed work on the appellant's property, which included a large ditch and stormwater management facility, was excessive and unnecessary.

The Tribunal referred the report back to the Municipality with directions to delete the assumption of the existing drain upstream of a certain point, incorporate the construction of a berm as previously agreed upon by the neighbours, and increase the land allowance from $15,000 to $35,000 per acre.

The Ontario Federation of Agriculture (OFA) applied to the Agriculture, Food and Rural Affairs Appeal Tribunal for the renewal of its accreditation as a farm organization under the Farm Registration and Farm Organizations Funding Act, 1993.

The Tribunal reviewed the OFA's application against the prescribed criteria set out in Ontario Regulation 723/93, as amended.

Finding that the OFA met all the necessary requirements, including those related to membership, financial contributions to local branches, and the provision of education and advocacy, the Tribunal granted the application and re-accredited the OFA for a three-year period.

The National Farmers Union - Ontario (NFU-O) applied to the Agriculture, Food and Rural Affairs Appeal Tribunal for renewal of its accreditation as a farm organization under the Farm Registration and Farm Organizations Funding Act, 1993.

The Tribunal reviewed the application against the prescribed criteria in Ontario Regulation 723/93.

Finding that the NFU-O met all the criteria, including membership numbers, local branch requirements, and financial reporting, the Tribunal granted the re-accreditation for a three-year period.

The Christian Farmers Federation of Ontario (CFFO) applied to the Agriculture, Food and Rural Affairs Appeal Tribunal for the renewal of its accreditation as a farm organization under the Farm Registration and Farm Organizations Funding Act, 1993.

The Tribunal reviewed the application against the prescribed criteria set out in Ontario Regulation 723/93.

Finding that the CFFO met all the necessary requirements, including corporate structure, membership numbers, local branch contributions, and the provision of agricultural education and advocacy, the Tribunal granted the application.

The CFFO was re-accredited for a three-year period commencing December 6, 2015.