Dr. Kevin Ker

The appellant appealed four decisions of AgriCorp regarding his crop insurance for his vineyard.

The Tribunal dismissed the appeal regarding the 2022 Grape Vine Rider claim, finding that vines dying after the coverage period ended were not eligible.

The Tribunal dismissed the appeal regarding the 2023 Grape Coverage, finding the appellant could not challenge the policy terms after accepting them.

The Tribunal dismissed the 2023 Grape Production claim, finding the loss was caused by powdery mildew (an excluded peril) rather than excessive rainfall.

Finally, the Tribunal upheld AgriCorp's cancellation of the 2024 policy because the appellant breached the contract by denying AgriCorp access to his property.

The plaintiffs, Li Ma, Yumei Zhang, and Homeland Trading Ltd., brought an action against the Township of Wainfleet seeking general and punitive damages, and declarations that a municipal bylaw (Bylaw No. 028-2013) and a subsequent order to destroy their orchard were void.

The bylaw designated diseased fruit trees as "local weeds" under the Weed Control Act.

The plaintiffs alleged the bylaw was passed in bad faith, improperly targeted them, and violated their natural justice rights.

The court dismissed Homeland Trading Ltd.'s claim for lack of standing and failure to plead pecuniary loss.

For Li Ma and Yumei Zhang, the court found the bylaw valid, within the Township's statutory authority, and not passed in bad faith or targeting the plaintiffs.

The court also found that the plaintiffs had ample notice and opportunity to appeal the order through the statutory appeal route, which they failed to utilize.

Consequently, all claims for damages and declarations were dismissed.