6 total
Appeal dismissed without a hearing as Tribunal lacked jurisdiction to compel local board's discretionary powers.
The appellant, an inactive egg grading station and quota holder, appealed a decision of the Egg Farmers of Ontario (EFO) refusing to enact a 'directed marketing' policy that would require producers to market eggs to it.
The Tribunal found that while the appellant had standing as an aggrieved person, the Tribunal lacked jurisdiction to order EFO to exercise its discretionary delegated powers to create such a policy.
The Tribunal also found the appeal was vexatious and brought in bad faith, as it was pursued concurrently with civil litigation raising similar issues and alongside three other withdrawn appeals.
The appeal was dismissed without a hearing, and costs of $8,842.25 were awarded to the respondent.
Appeal dismissed for lack of jurisdiction following a pre-hearing conference; reasons to follow.
At a pre-hearing conference, the parties made oral submissions regarding the Tribunal's jurisdiction and whether the appeal should be dismissed before a hearing.
The Tribunal dismissed the appeal, with reasons to follow, and set a schedule for written submissions on costs.
Motion by the Ontario Farm Products Marketing Commission for participant status in an appeal granted.
The Ontario Farm Products Marketing Commission (OFPMC) brought a motion for participant status in an appeal by Sweda Farms Ltd. against the Egg Farmers of Ontario.
The appellant sought an order directing the OFPMC to investigate issues regarding the Early Egg Removal Program and Early Fowl Removal Program.
The Tribunal found that the OFPMC had a sufficient interest in the subject matter of the appeal because the appellant requested an order directed to it.
The motion was granted, and the OFPMC was granted participant status.
The appellant sought an order directing the OFPMC to investigate certain issues.
The Tribunal found that the OFPMC had a sufficient interest in the subject matter of the appeal to be named a party, and consequently qualified to be named as a participant.
The motion was granted.
Motion by the Ontario Farm Products Marketing Commission for participant status in the appeal granted.
The Tribunal found that the OFPMC had a sufficient interest in the subject matter of the appeal to be named a party and therefore qualified to be named as a participant.
Meat plant licence restored with strict conditions after operator repeatedly refused random regulatory inspections.
The Appellant appealed a director's decision that conditionally restored its meat plant operating licence following a provisional suspension.
The suspension was issued after the Appellant's principal refused to allow a Ministry inspector to conduct a random inspection of the meat plant, claiming it was closed.
The Tribunal found that the inspector's attempts to conduct random inspections were reasonable and necessary for food safety.
The Tribunal restored the licence but imposed stricter conditions than the director, including a requirement for a pre-start-up inspection and 24-hour advance notice to the Ministry before any processing occurs.
