Who is James McIlroy?

James McIlroy is an Ontario lawyer with 3 court cases on record from 2003 to 2005.

What courts has James McIlroy appeared in?

James McIlroy has appeared in Divisional Court.

How many cases has James McIlroy handled?

James McIlroy has 3 cases on record from 2003 to 2005.

What judges has James McIlroy appeared before?

James McIlroy has most frequently appeared before Justice John Macdonald, Justice Robert A. Blair, Justice James D. Carnwath.

James McIlroy | Lawyer

3 total

ODCSep 14, 2005

Interlocutory injunction granted to enforce chicken quota system against producers exporting entirely to the U.S.

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.

Chicken Farmers of Ontario v. Drost, 2005 ONSCDC 36167

Respondent Counsel

ODCJun 18, 2004

Leave to appeal granted due to conflicting decisions on the public interest nature of the agricultural marketing dispute.

The moving party, an agricultural marketing board, sought leave to appeal an interlocutory decision that refused to grant an interim injunction against the responding chicken farmers.

The motions judge had characterized the dispute as private litigation, conflicting with another judge's decision in the same action that granted intervenor status based on substantial public interest.

The Divisional Court granted leave to appeal, finding good reason to doubt the correctness of the motions judge's decision, as the claim involved a legislated federal-provincial marketing system and public law principles under the Farm Products Marketing Act.

Chicken Farmers of Ontario v. Drost, 2004 ONSCDC 27795

Respondent Counsel

ODCJan 31, 2003

Judicial review dismissed; agricultural tribunal had jurisdiction to establish chicken pricing formula and order regulation amendments.

The applicant sought judicial review of decisions by the Agriculture, Food and Rural Affairs Appeal Tribunal establishing a pricing formula for live chickens in Ontario and ordering the Ontario Farm Products Marketing Commission to amend its regulations to implement the formula.

Applying the pragmatic and functional approach, the Divisional Court determined the standard of review was reasonableness simpliciter.

The court held that the Tribunal had jurisdiction under the Ministry of Agriculture, Food and Rural Affairs Act and the Farm Products Marketing Act to establish the pricing formula, fix the starting price, and direct the Commission to amend its regulations.

The application for judicial review was dismissed.