2 total
Failure to raise apprehension of bias at the first opportunity constitutes a waiver of the objection.
The appellant, a chicken processor, appealed a decision of the Chicken Farmers of Ontario denying its request for an additional chicken quota allocation.
The appellant argued that the Special Request Panel's decision was tainted by a reasonable apprehension of bias because the Panel Chair had previously authored a report used against the appellant in a prior proceeding.
The Tribunal found that while a reasonable person might have an apprehension of bias, the appellant waived its right to object by failing to raise the issue at the first opportunity during the Panel meeting.
The Tribunal declined to review the Panel's decision on the basis of bias.
Tribunal reduced chicken supply allocation to new processor from 600,000 to 500,000 kilograms.
The Association of Ontario Chicken Processors appealed a decision of the Chicken Farmers of Ontario to allocate 600,000 kilograms of chicken supply to a new entrant, Niagara Country Fresh Poultry Inc., for Quota Period A-21.
The appellant argued the allocation was unfair and not in the spirit of a new supply agreement taking effect in the subsequent quota period.
The Tribunal found no substantial change in the marketplace to justify an increase from the 500,000 kilograms allocated in the previous period and directed that the supply be fixed at 500,000 kilograms.
