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Appeal dismissed; application judge's finding of a binding settlement agreement upheld.
The appellants appealed a decision finding that the parties had entered into a binding settlement agreement.
The appellants argued that no agreement was reached, that the respondent accepted their repudiation of the agreement, and that conflicting affidavit evidence required the trial of an issue.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the application judge's conclusion that a binding settlement was reached and that the respondent had not accepted the repudiation.
The court also held that the application judge did not err in failing to order the trial of an issue, as neither party had requested one.
Tribunal orders Commission to bring into force potato pricing settlement agreements between processors and Board.
The Hostess Frito Lay Company and Super Pufft Snacks Corp. appealed a decision of the Ontario Farm Products Marketing Commission refusing to bring into force settlement agreements negotiated between the processors and the Ontario Potato Board.
The Commission had previously declined to re-open arbitrated awards, citing concerns about the integrity of the arbitration process amidst ongoing court challenges.
However, the Tribunal found that the multi-year settlement agreements, which were supported by growers and other industry stakeholders, would provide a mutually agreeable and stable marketing environment.
The Tribunal granted the appeals and ordered the Commission to bring the settlement agreements into force.
