The appellant, Chicken Farmers of Ontario, appealed the dismissal of its motion for an interlocutory injunction to prohibit the respondents from producing and marketing chicken without a quota.
The respondents argued they were exempt from the provincial quota system because they exported all their chicken to the United States.
The Divisional Court allowed the appeal, finding the motion judge erred by treating the matter as a private law dispute and failing to recognize the public interest in enforcing the regulatory scheme.
Applying the RJR MacDonald test, the Court found a serious issue to be tried, irreparable harm to the integrity of the supply management system, and that the balance of convenience favoured granting the injunction.