Motion to lift automatic stay on pork marketing board service charge increase dismissed.
The Ontario Pork Producers' Marketing Board (OPPMB) brought a motion to lift an automatic stay on its decision to increase the service charge on hogs by $0.80 per hog.
The appellants, Elite Swine Inc. and Cold Springs Farm Ltd., had appealed the OPPMB's decision not to rescind the increase.
The Tribunal found that the OPPMB's decision was an exercise of a statutory power of decision, triggering an automatic stay under the Statutory Powers Procedure Act.
The Tribunal dismissed the OPPMB's motion to lift the stay, finding that the OPPMB failed to demonstrate it would suffer irreparable harm if the stay remained in place pending the appeal.
Elite Swine Inc. et al. v Ontario Pork Producers' Marketing Board, 2004 ONAFRAAT 30