Paula Lombardi

Daniel Chitiz

Alastair McNish

Richard Smelski

Paula Lombardi

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalMay 28, 2012

Nicholas Richter

OAFRAAT0 cases2011–2013

Appeal of marketing board's denial of tobacco production licence eligibility dismissed without reasons.

The appellant appealed the decision of The Ontario Flue-Cured Tobacco Growers’ Marketing Board denying her 2012 application for licence eligibility to produce tobacco.

The appellant sought an expedited decision so she could plant tobacco in time for the 2012 crop year.

The Agriculture, Food and Rural Affairs Appeal Tribunal dismissed the appeal, issuing its decision without reasons to accommodate the planting schedule, with full written reasons to follow.

Violet Osztrovics v The Ontario Flue-Cured Tobacco Growers’ Marketing Board, 2012 ONAFRAAT 13

Paul Courey

In Private Practice68 cases1996–2026

Paula Lombardi

Jack Young

Cor Kapteyn

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalMay 11, 2012

Drainage assessment appeal dismissed; appellant failed to prove highway expansion warranted higher assessment for MTO.

The appellant appealed the drainage assessment for the Laister Drain Branches 1, 3, and 4 under section 54(1) of the Drainage Act.

The appellant argued that the Ministry of Transportation (MTO) should be assessed a higher amount for the drain reconstruction because the recent expansion of Highway 401 caused additional water to flow onto his property.

The Tribunal accepted the evidence of the drainage engineer, who testified that the MTO watershed area and runoff coefficients had been appropriately calculated and increased to account for the highway expansion.

The Tribunal dismissed the appeal, finding that the appellant failed to provide sufficient evidence to contradict the engineer's findings or justify amending the schedule of assessments.

Dunford Royal Cattle Company Inc. v. Township of Blandford-Blenheim, 2012 ONAFRAAT 8

Richard Brookes

16 cases2011–2023

Paula Lombardi

OAFRAATUnanimous0 cases2011–2013

Nicholas Richter

Enio Sullo

OAFRAATUnanimous0 cases2009–2014

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalNov 10, 2011

Drainage Act appeal dismissed; cedar trees found to be an obstruction to the drainage works.

The appellants appealed the engineer's report and the Court of Revision's decision regarding the Weber-Brubacher Municipal Drain, seeking compensation for the removal of two cedar trees, increased allowances under sections 29 and 30 of the Drainage Act, and a reduction in their assessment.

The Tribunal found that the cedar trees constituted an obstruction to the drainage works under section 80 of the Act and therefore the appellants were not entitled to compensation for their removal.

The Tribunal also denied the request for increased allowances, noting that the right-of-way was established and paid for in 1973, and the Act does not provide compensation for construction inconvenience.

The Tribunal found the assessments to be fair and reasonable, and dismissed the appeals.

Weber-Brubacher Municipal Drain (Re), 2011 ONAFRAAT 33

Paula Lombardi

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalOct 20, 2011

Tribunal granted request for review, finding it lacked jurisdiction over items seized under search warrant.

The Director requested a review of a Tribunal decision that ordered the return of, or compensation for, livestock medicines and personal items seized from the applicant.

The Tribunal found that the items were seized pursuant to a search warrant issued under the Provincial Offences Act, not under the Director's statutory authority.

Consequently, the Tribunal concluded it had exceeded its jurisdiction in its previous decision, as it lacked the statutory authority to order the return of or compensation for items seized under a court-issued search warrant.

The request for review was granted.

Ken Allan v. Director, 2011 ONAFRAAT 31

Thomas White

In Private Practice2 cases2011–2016

Barry Bresner

23 cases1997–2011

Paula Lombardi

John Rudics

OAFRAATUnanimous0 cases2004–2019

Jane Sadler Richards

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalAug 10, 2011

Appeal regarding rescission of tobacco quota transfers under the Tobacco Transition Program denied.

The appellants appealed decisions of the marketing board regarding requests to rescind quota transactions and amend applications under the Tobacco Transition Program (TTP).

The appellants argued that constant changes to the board's policy and confusing information prevented them from making informed decisions about their quota transfers.

The Tribunal found that the board communicated changes promptly, provided all producers with the same information at the same time, and treated the appellants no differently than other producers.

The appeal was denied.

Woodbury Leaf Inc. v. The Ontario Flue-Cured Tobacco Growers’ Marketing Board, 2011 ONAFRAAT 27

Paula Lombardi

Jack Young

Cor Kapteyn

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJul 13, 2011

Appeals against drainage works and assessments denied; project deemed necessary and cost distribution reasonable.

Several property owners appealed the decision of the Court of Revision and the Engineer's Report regarding the Glencairn Drainage Works, which proposed a cut-off drain to address severe flooding in the hamlet.

The appellants argued that the project was unnecessary, that alternative solutions like road ditches should have been considered, and that their individual assessments were too high.

The Tribunal found that the project was necessary to divert agricultural water around the residential area and that the cost distribution (80% to the municipality, 20% to landowners) was reasonable based on the benefit derived.

The appeals were denied.

Glencairn Drainage Works, 2011 ONAFRAAT 25

Paula Lombardi

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJan 11, 2011

Request for review of decision dismissing drainage appeal and awarding costs denied due to appellant's non-attendance.

The appellant requested a review of a Tribunal decision that dismissed his appeal regarding the quality of construction of a municipal drain and awarded $10,000 in costs against him.

The original appeal was dismissed after the appellant failed to attend the hearing or provide evidence.

The Tribunal denied the request for review, finding that the appellant failed to provide any information meeting the requirements for a review and that the original panel correctly applied the law and rules of procedure in dismissing the appeal and awarding costs due to the appellant's conduct.

HSBB Municipal Drain (Re), 2011 ONAFRAAT 1

Geoffrey Spurr

In Private Practice37 cases1996–2021

Donald Good

Tim Mousseau

Paula Lombardi

Kirk Walstedt

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJan 15, 2010

Appeal granted; DFO ordered to refund $304,729.71 quota transfer assessment due to retroactive policy application and compassionate grounds.

The appellants, owners of a dairy farm, appealed a decision by the Dairy Farmers of Ontario (DFO) denying their request for a medical exemption from a 15% transfer assessment on the sale of their quota.

The primary operator was diagnosed with stage 4 cancer and subsequently suffered a severe arm injury in a farm accident, forcing the sale of the herd and quota.

The Tribunal found that the DFO's policy prohibiting medical exemptions was implemented after the appellants' quota sale and exemption request, and could not be applied retroactively.

Noting the DFO's history of granting exemptions in similar unexpected circumstances, the Tribunal granted the appeal on compassionate grounds and ordered the DFO to reimburse the $304,729.71 transfer assessment.

Haleyview Farms Ltd. v. Dairy Farmers of Ontario, 2010 ONAFRAAT 2

Eric K. Gillespie

131 cases2003–2026

Paula Lombardi

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJan 8, 2010

Request for review of decision denying non-party discovery of confidential market data dismissed.

The applicant, a farm equipment dealer, requested a review of a Tribunal decision that dismissed its motion for production and discovery from a non-party trade association.

The applicant alleged the Tribunal made material errors of law and fact in applying the Rules of Civil Procedure and the Statutory Powers Procedure Act to deny the disclosure of confidential market share data.

The Vice Chair found no material error of law or fact in the original decision, concluding that the Tribunal properly exercised its discretion in protecting the non-party's confidential information and awarding costs against the applicant.

The request for review was denied.

Chesterman Farm Equipment Inc. v. CNH Canada Ltd., 2010 ONAFRAAT 1

Nicholas Richter

4 cases2009–2010

Kim Mullin

76 cases2009–2026

Paula Lombardi

Kirk Walstedt

OAFRAATUnanimous0 cases2009–2010

Frank Handy

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalAug 17, 2009

Tribunal issued procedural orders consolidating appeals and setting the schedule for the hearing.

The Agriculture, Food and Rural Affairs Appeal Tribunal issued an interim decision regarding appeals of a decision by the Ontario Farm Products Marketing Commission.

The Tribunal addressed preliminary matters, including the disclosure of prior involvement by two Vice Chairs, to which no parties objected.

The Tribunal established procedural rules for the admission of documents from the Commission record and ordered the consolidation of appeals by three appellants.

The Tribunal also set the order of presentation for the hearing, granted intervenor status to De Wetering Hill Farms, and established a schedule for the exchange of documents, expert reports, and future hearing dates.

Rein Minnema v. Ontario Farm Products Marketing Commission, 2009 ONFRAAT 20

Joan Torrie

Not Practising Law2 cases2009–2017

Gordon Meakings

2 cases2009–2016

Rob Scouller

OAFRAATUnanimous0 cases2003–2014

Richard Smelski

Paula Lombardi

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJul 15, 2009

Meat plant operator's licence suspension upheld for failing to maintain daily water disinfection records.

The appellant, owner of a meat processing plant, appealed a decision by the Director suspending his operating licence for five days for failing to keep daily written records of water disinfection (chlorine levels).

The Tribunal found that the Food Safety and Quality Act, its regulations, and the Safe Drinking Water Act require the operator to conduct daily testing of the chlorine level, retain the results in writing, and provide them to inspectors upon request.

The Tribunal concluded that the appellant failed to meet these statutory obligations and confirmed the Director's decision to suspend the licence.

Dimi Meat Products v. Director under the Food Safety and Quality Act, 2009 ONAFRAAT 15

Paula Lombardi

OAFRAATUnanimous0 cases2005–2017

Kirk Walstedt

Frank Handy

OAFRAAT0 cases2009–2010

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJul 14, 2009

Tribunal orders de novo hearing for appeals of Ontario Farm Products Marketing Commission decision.

The Tribunal held a pre-hearing conference to determine the procedure for appeals of a decision by the Ontario Farm Products Marketing Commission regarding the Ontario Pork Producers' Marketing Board.

The Tribunal ordered a de novo hearing, noting its statutory authority under the Ministry of Agriculture, Food and Rural Affairs Act to substitute its opinion for that of the Commission.

The Tribunal set a schedule for parties to submit proposed issues and scheduled a hearing date to determine standing, issues, and procedural matters.

Rein Minnema v. Ontario Farm Products Marketing Commission, 2009 ONAFRAAT 13

affected landowner

Scott ShilsonSelf-represented
1 appearance
Christina PorroneSelf-represented
1 appearance

appearing on behalf of Mr. Mucci, affected landowner

Mr. DekkerAgent
1 appearance

appellant

Merissa ArmstrongSelf-represented
1 appearance
Mike AttwellSelf-represented
1 appearance
Anita AttwellSelf-represented
1 appearance
Brent RutledgeSelf-represented
1 appearance
Elaine MellingSelf-represented
1 appearance

Appellant

Glenn BlackSelf-represented
2 appearances
Rein MinnemaSelf-represented
2 appearances
Marilyn Gillespie-BurlesonSelf-represented
2 appearances
Jeannie GodlouskiSelf-represented
1 appearance
John FittlerSelf-represented
1 appearance
John PaardekooperSelf-represented
1 appearance
John WalshSelf-represented
1 appearance
Norm WalkerSelf-represented
1 appearance
Owen BaigentSelf-represented
1 appearance
Peter BosmaSelf-represented
1 appearance
Tim PriebeSelf-represented
1 appearance
Graham McLeanSelf-represented
1 appearance
Archibald McLeanSelf-represented
1 appearance
Darin BaigentSelf-represented
1 appearance
Edwin BaigentSelf-represented
1 appearance
Gary CleeSelf-represented
1 appearance
Gary MaxwellSelf-represented
1 appearance
Gary ThompsonSelf-represented
1 appearance
Gerald KennedySelf-represented
1 appearance
Helen WalshSelf-represented
1 appearance

Appellant and landowner

Donald WaglerSelf-represented
1 appearance
Steven RamageSelf-represented
1 appearance

Appellants

Fatima MarganSelf-represented
1 appearance
Trifu MarganSelf-represented
1 appearance

Assessed Landowner

David HammondSelf-represented
1 appearance
Don HofferSelf-represented
1 appearance
John KuiperSelf-represented
1 appearance
John Kuiper Jr.Self-represented
1 appearance
Kathleen YoungSelf-represented
1 appearance
Robert ShuhSelf-represented
1 appearance

CAO for the Municipality of Bluewater

McAuleyAgent
1 appearance

co-counsel for the appellant

Alastair McNishCounsel
1 appearance

Co-counsel for the Appellant

Alastair McNishCounsel
1 appearance
Daniel ChitizCounsel
1 appearance

Councillor representing for the Township of Woolwich

Mark BaumanAgent
1 appearance

Counsel for Chicken Farmers of Ontario

Geoff SpurrCounsel
2 appearances

Counsel for Norfolk County, Respondent

Mark AbradijanCounsel
1 appearance

Counsel for Regional Municipality of Waterloo

Richard BrookesCounsel
1 appearance

counsel for the appellant

Daniel ChitizCounsel
1 appearance

Counsel for the Appellant, Regional Municipality of Waterloo

Richard BrookesCounsel
1 appearance

counsel for the appellants

Thomas WhiteCounsel
1 appearance

Counsel for the Engineer

Paul CoureyCounsel
1 appearance

Counsel for the Municipality

Scott McEachranCounsel
1 appearance

Counsel for the Ontario Farm Products Marketing Commission

Michele IrelandCounsel
1 appearance

Counsel for the Regional Municipality of Waterloo

Richard BrookesCounsel
1 appearance

counsel for the respondent

Barry BresnerCounsel
1 appearance
Geoffrey SpurrCounsel
1 appearance

Counsel for the Respondent

Geoffrey SpurrCounsel
1 appearance

counsel to the appellant

Gordon MeakingsCounsel
1 appearance

counsel to the respondent

Joan TorrieCounsel
1 appearance

Director of Public Works, County of Oxford

Robert WaltonAgent
1 appearance

Director of Public Works, East Zorra Township

Dennis O’NeilAgent
1 appearance

Drainage Superintendent

Michael HughesAgent
1 appearance

Drainage Superintendent (A), City of Port Colborne, Appellant

Alana Vander VeenAgent
1 appearance

Drainage Superintendent, City of Port Colborne, Appellant

Henri BennemeerAgent
1 appearance

Drainage Superintendent, Norfolk County

Bill MayesAgent
1 appearance

Drainage Superintendent, Town of Fort Erie, Respondent

Dave MaidenAgent
2 appearances

Drainage Superintendent, Township of West Lincoln

Harold KellyAgent
1 appearance

Engineer for AMEC Foster Wheeler Environment & Infrastructure

Paul MarshAgent
2 appearances

Engineer who prepared the report

John R. SprietAgent
1 appearance
J. R. SprietAgent
1 appearance

Engineer who prepared the Report

David JohnsonAgent
1 appearance
J.M. SprietAgent
1 appearance
Ken SmartAgent
1 appearance
Michael P. DeVosAgent
1 appearance
M.P. DeVosAgent
1 appearance
Neal MorrisAgent
1 appearance
Thomas PridhamAgent
1 appearance
W.J. DietrichAgent
1 appearance

Engineer who prepared the report for the Municipality of Southwest Middlesex

Ray DobbinAgent
1 appearance

for AgriCorp

Greg SayerAgent
1 appearance

for Al-Ahmed Orchard Ltd., Appellant

Ibrahim El-AhmedAgent
2 appearances

for AMEC Environment & Infrastructure

Tim WintertonAgent
1 appearance

for Ausable Bayfield Conservation Authority

Alec ScottAgent
1 appearance

for Bruce Pearse

Donald GoodCounsel
1 appearance

for CFEI

Eric K. GillespieCounsel
1 appearance

for CFO

Geoff SpurrCounsel
1 appearance

for Conestoga Meat Packers/Progressive Pork Producers

Arnold DrungAgent
1 appearance
Bob HunsbergerAgent
1 appearance
Frank DevetAgent
1 appearance

for De Wetering Hill Farms

Teresa De WeteringAgent
1 appearance

for Districts 10, 11 and 12 Pork Producers

Bruce HudsonAgent
1 appearance
Rob de WoldeAgent
1 appearance

for herself

Marilyn Gillespie-BurlesonSelf-represented
1 appearance

for himself

Don RossSelf-represented
1 appearance
Gary CleeSelf-represented
1 appearance
Richard GosselinSelf-represented
1 appearance

for Huron County Pork Producers' Association

Grant LoveAgent
1 appearance
John Vander BurgtAgent
1 appearance

for J. & B.P. Van Beets, Petitioner

Ike Van BeetsAgent
1 appearance

for Joan Free, Appellant

David FreeAgent
2 appearances

for Maple Leaf Consumer Foods

Cathy AkerAgent
1 appearance
Don DavidsonAgent
1 appearance

for Norfolk County, Respondent

Mark AbradijanCounsel
2 appearances

for Ontario Pork Producers' Marketing Board

Ken OvingtonAgent
1 appearance
Kim MullinCounsel
1 appearance
Wilma JeffrayAgent
1 appearance

for Quality Meat Packers

Dan CohoeAgent
1 appearance

for Rein Minnema

Elbert van DonkersgoedAgent
1 appearance

for R.J. Burnside & Associates Limited

Jeremy TaylorAgent
1 appearance

for Synergy Swine, Paragon Farms, and RFW Farms

James ReesorAgent
1 appearance
Mark YungblutAgent
1 appearance
Rob McDougallAgent
1 appearance

for the AOCP

Herman TurkstraCounsel
1 appearance

for the appellant

Alastair McNishCounsel
1 appearance
Daniel ChitizCounsel
1 appearance
Donald GoodCounsel
1 appearance

for the Appellant

Ashok SoodAgent
1 appearance
Danny BranoffAgent
1 appearance
Dan SopuchSelf-represented
1 appearance
Donald GoodCounsel
1 appearance
Edward CzerniawskiSelf-represented
1 appearance
Elizabeth GraperCounsel
1 appearance
John WoutersSelf-represented
1 appearance
Lisa GunnCounsel
1 appearance
Paul GilhamSelf-represented
1 appearance

for the Appellant 806584 Ontario Ltd.

Jeff FergusonAgent
1 appearance

for the Appellant, Carolyn Stockwell

Paul CoureyCounsel
1 appearance

for the Appellant Roger Somerville

Roger SomervilleSelf-represented
1 appearance

for the Appellants

Arthur SimpsonSelf-represented
1 appearance
Jacqueline SimpsonSelf-represented
1 appearance
James M. GilmoreCounsel
1 appearance
Joanne TeatherSelf-represented
1 appearance
Tom TeatherSelf-represented
1 appearance

for the Appellants Barbara and Edwin Lyle

Barbara LyleSelf-represented
1 appearance
Edwin LyleSelf-represented
1 appearance

for the Appellant Zeljko Zovko

Zeljko ZovkoSelf-represented
1 appearance

for the City of Port Colborne

Henri BennemeerAgent
1 appearance

for the Engineer

Paul CoureyCounsel
2 appearances

for the Estate of Harold Yeo

Lenus YeoSelf-represented
1 appearance

for the Municipality

Christine RileyCounsel
1 appearance
Jim RenickCounsel
1 appearance

for the Municipality of Central Elgin

Lloyd PerrinAgent
1 appearance

for the Municipality of Central Huron

Geoff KingAgent
1 appearance

for the Municipality of Southwest Middlesex

John SprietAgent
1 appearance

for The Open Marketing Group

Brian SimpsonAgent
1 appearance

for the respondent

Geoffrey SpurrCounsel
2 appearances
George MacNaughtonAgent
1 appearance

for the Respondent

Geoffrey SpurrCounsel
1 appearance
John KerrAgent
1 appearance
Paul TrudellCounsel
1 appearance

for the Respondent, Ontario Flue-Cured Tobacco Growers’ Marketing Board\Witness

Harry VergeerAgent
1 appearance

for the Respondent, the Town of Kingsville

Ed HookerCounsel
1 appearance

for the Town of Fort Erie

Dave MaidenAgent
1 appearance
Kelly M. WalshAgent
1 appearance

for the Township of Ashfield-Colborne-Wawanosh

Valerie M'GarryCounsel
1 appearance

for Zantingh Direct Inc. and Zantingh Swine Inc.

Brad ZantinghAgent
1 appearance
Nicholas RichterCounsel
1 appearance

legal counsel for Township of Blandford-Blenheim - Respondent

Paul CoureyCounsel
1 appearance

Manager, City of Port Colborne, Appellant

Chris LeeAgent
1 appearance

Manager of Transportation for the Regional Municipality of Waterloo

Ed SwitenkyAgent
1 appearance

Manager, Transportation Operations for the Regional Municipality of Waterloo

Ed SwitenkyAgent
1 appearance

on behalf of Lois Snider - Appellant

Robert CarnegieAgent
1 appearance

on behalf of Ms. Janeth Sangster, Appellant

Pam SangsterAgent
1 appearance

Public Works Superintendent for the Township of Adjala-Tosorntio

Jim MossAgent
1 appearance

representative for Dunford Royal Cattle Company Inc. – Appellant

Casey FantaAgent
1 appearance

representative for Joan Free, Appellant

David FreeAgent
1 appearance

representing Don Hoffer – Assessed Landowner

Linda CrewAgent
1 appearance

representing R. J. Boiler Farms Ltd.

Bradley BlizmanSelf-represented
1 appearance
Stephanie BlizmanSelf-represented
1 appearance

Ross & McBride LLP

Charles LivermoreCounsel
1 appearance

Decisions

Years active

Tribunals

0.5

cases/mo

OAFRAAT53(100%)

Decision types

appeal

motion

costs

/Adjudicator

Paula Lombardi — Vice-Chair

Civil Litigation - Plaintiff

Corporate/Commercial Law

Paula Lombardi

Vice-Chair·Agriculture, Food & Rural Affairs Appeal Tribunal·Since 2009

cases · 11 yrs · OAFRAAT

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 25Vice-Chair· 20Vice Chair· 3Vice Chair· 2Vice-Chair· 2Chair· 1

Geoffrey Spurr

Daniel Chitiz

Alastair McNish

Richard Smelski

Paula Lombardi

OAFRAATUnanimous0 cases2011–2013

Nicholas Richter

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJun 11, 2012

Appeal of tobacco licence eligibility denial dismissed due to related party's history of regulatory contraventions.

The appellant appealed the decision of The Ontario Flue-Cured Tobacco Growers' Marketing Board denying her 2012 application for licence eligibility to produce tobacco.

The Board denied the application on the basis that the appellant's son, who had a history of regulatory contraventions, was the de facto producer standing behind the application.

Osztrovics v The Ontario Flue-Cured Tobacco Growers’ Marketing Board, 2012 ONAFRAAT 16

Geoffrey Spurr

Daniel Chitiz

Alastair McNish

Richard Smelski

Paula Lombardi

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalMay 28, 2012

Nicholas Richter

OAFRAAT0 cases2011–2013

Appeal of marketing board's denial of tobacco production licence eligibility dismissed without reasons.

The appellant appealed the decision of The Ontario Flue-Cured Tobacco Growers’ Marketing Board denying her 2012 application for licence eligibility to produce tobacco.

The appellant sought an expedited decision so she could plant tobacco in time for the 2012 crop year.

The Agriculture, Food and Rural Affairs Appeal Tribunal dismissed the appeal, issuing its decision without reasons to accommodate the planting schedule, with full written reasons to follow.

Violet Osztrovics v The Ontario Flue-Cured Tobacco Growers’ Marketing Board, 2012 ONAFRAAT 13

Paul Courey

In Private Practice68 cases1996–2026

Paula Lombardi

Jack Young

Cor Kapteyn

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalMay 11, 2012

Drainage assessment appeal dismissed; appellant failed to prove highway expansion warranted higher assessment for MTO.

The appellant appealed the drainage assessment for the Laister Drain Branches 1, 3, and 4 under section 54(1) of the Drainage Act.

The Tribunal dismissed the appeal, finding that the appellant failed to provide sufficient evidence to contradict the engineer's findings or justify amending the schedule of assessments.

Dunford Royal Cattle Company Inc. v. Township of Blandford-Blenheim, 2012 ONAFRAAT 8

Richard Brookes

16 cases2011–2023

Paula Lombardi

OAFRAATUnanimous0 cases2011–2013

Nicholas Richter

Enio Sullo

OAFRAATUnanimous0 cases2009–2014

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalNov 10, 2011

Drainage Act appeal dismissed; cedar trees found to be an obstruction to the drainage works.

The Tribunal found that the cedar trees constituted an obstruction to the drainage works under section 80 of the Act and therefore the appellants were not entitled to compensation for their removal.

The Tribunal found the assessments to be fair and reasonable, and dismissed the appeals.

Weber-Brubacher Municipal Drain (Re), 2011 ONAFRAAT 33

Paula Lombardi

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalOct 20, 2011

Tribunal granted request for review, finding it lacked jurisdiction over items seized under search warrant.

The Director requested a review of a Tribunal decision that ordered the return of, or compensation for, livestock medicines and personal items seized from the applicant.

The Tribunal found that the items were seized pursuant to a search warrant issued under the Provincial Offences Act, not under the Director's statutory authority.

The request for review was granted.

Ken Allan v. Director, 2011 ONAFRAAT 31

Thomas White

In Private Practice2 cases2011–2016

Barry Bresner

23 cases1997–2011

Paula Lombardi

John Rudics

OAFRAATUnanimous0 cases2004–2019

Jane Sadler Richards

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalAug 10, 2011

Appeal regarding rescission of tobacco quota transfers under the Tobacco Transition Program denied.

The appellants appealed decisions of the marketing board regarding requests to rescind quota transactions and amend applications under the Tobacco Transition Program (TTP).

The appellants argued that constant changes to the board's policy and confusing information prevented them from making informed decisions about their quota transfers.

The Tribunal found that the board communicated changes promptly, provided all producers with the same information at the same time, and treated the appellants no differently than other producers.

The appeal was denied.

Woodbury Leaf Inc. v. The Ontario Flue-Cured Tobacco Growers’ Marketing Board, 2011 ONAFRAAT 27

Paula Lombardi

Jack Young

Cor Kapteyn

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJul 13, 2011

Appeals against drainage works and assessments denied; project deemed necessary and cost distribution reasonable.

The appellants argued that the project was unnecessary, that alternative solutions like road ditches should have been considered, and that their individual assessments were too high.

The appeals were denied.

Glencairn Drainage Works, 2011 ONAFRAAT 25

Paula Lombardi

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJan 11, 2011

Request for review of decision dismissing drainage appeal and awarding costs denied due to appellant's non-attendance.

The appellant requested a review of a Tribunal decision that dismissed his appeal regarding the quality of construction of a municipal drain and awarded $10,000 in costs against him.

The original appeal was dismissed after the appellant failed to attend the hearing or provide evidence.

HSBB Municipal Drain (Re), 2011 ONAFRAAT 1

Geoffrey Spurr

In Private Practice37 cases1996–2021

Donald Good

Tim Mousseau

Paula Lombardi

Kirk Walstedt

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJan 15, 2010

Appeal granted; DFO ordered to refund $304,729.71 quota transfer assessment due to retroactive policy application and compassionate grounds.

The primary operator was diagnosed with stage 4 cancer and subsequently suffered a severe arm injury in a farm accident, forcing the sale of the herd and quota.

The Tribunal found that the DFO's policy prohibiting medical exemptions was implemented after the appellants' quota sale and exemption request, and could not be applied retroactively.

Haleyview Farms Ltd. v. Dairy Farmers of Ontario, 2010 ONAFRAAT 2

Eric K. Gillespie

131 cases2003–2026

Paula Lombardi

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJan 8, 2010

Request for review of decision denying non-party discovery of confidential market data dismissed.

The applicant, a farm equipment dealer, requested a review of a Tribunal decision that dismissed its motion for production and discovery from a non-party trade association.

The request for review was denied.

Chesterman Farm Equipment Inc. v. CNH Canada Ltd., 2010 ONAFRAAT 1

Nicholas Richter

4 cases2009–2010

Kim Mullin

76 cases2009–2026

Paula Lombardi

Kirk Walstedt

OAFRAATUnanimous0 cases2009–2010

Frank Handy

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalAug 17, 2009

Tribunal issued procedural orders consolidating appeals and setting the schedule for the hearing.

The Agriculture, Food and Rural Affairs Appeal Tribunal issued an interim decision regarding appeals of a decision by the Ontario Farm Products Marketing Commission.

The Tribunal addressed preliminary matters, including the disclosure of prior involvement by two Vice Chairs, to which no parties objected.

The Tribunal established procedural rules for the admission of documents from the Commission record and ordered the consolidation of appeals by three appellants.

Rein Minnema v. Ontario Farm Products Marketing Commission, 2009 ONFRAAT 20

Joan Torrie

Not Practising Law2 cases2009–2017

Gordon Meakings

2 cases2009–2016

Rob Scouller

OAFRAATUnanimous0 cases2003–2014

Richard Smelski

Paula Lombardi

OAFRAATAgriculture, Food & Rural Affairs Appeal TribunalJul 15, 2009

Meat plant operator's licence suspension upheld for failing to maintain daily water disinfection records.

The Tribunal concluded that the appellant failed to meet these statutory obligations and confirmed the Director's decision to suspend the licence.

Dimi Meat Products v. Director under the Food Safety and Quality Act, 2009 ONAFRAAT 15

Paula Lombardi