Robert Burden

The applicant sought judicial review of a decision by the Agriculture, Food and Rural Affairs Appeal Tribunal upholding the respondent Commission's Cost of Production Formula for chicken pricing.

The Divisional Court found that the Tribunal failed to adequately explain its preference for certain expert evidence over others, rendering its reasons conclusory and inadequate.

The application was allowed, the Tribunal's decision was quashed, and the matter was remitted for a fresh hearing.

The Association of Ontario Chicken Processors appealed a reconsideration decision of the Ontario Broiler Hatching Egg & Chick Commission regarding a new Cost of Production formula.

The appellant sought six amendments to the formula, including changes to the prime rate calculation, exclusion of depreciation from working capital, adjustments to farm labour benefit and wage rates, use of a real rate of return, and addition of a risk premium.

After hearing extensive expert testimony from all parties, the Tribunal found the expert evidence presented by the respondent and third party to be more reliable and acceptable on all six issues.

The appeal was dismissed.