Mr. Foran

During an appeal regarding a service fee increase by the Ontario Pork Producers' Marketing Board to fund its defense of a U.S. trade action, the appellants requested an order for the production of the Board's risk analysis related to becoming a mandatory respondent.

The Tribunal denied the request, noting that the appeal is a hearing de novo and the requested information regarding the Board's decision-making process or potential mismanagement is of little use to the Tribunal's determination of the appropriateness of the fees.

During an appeal regarding a service fee increase, the Tribunal issued an order concerning the use and destruction of confidential material.

The Tribunal ordered that the appellants' representative could retain two copies of confidential exhibits and restricted transcripts until 30 days after the Tribunal's decision is delivered to the Minister.

All other copies and notes were ordered to be destroyed or returned to the respondent's counsel.

Undertakings regarding confidentiality were extended for the duration the documents are retained.

The appellants appealed a decision of the respondent marketing board to increase the service charge on hogs, which was based on budget estimates for U.S. trade litigation.

The appellants brought a motion requesting an order that the respondent produce its actual expenditures to date on the trade challenges.

The Tribunal dismissed the motion, finding that the actual expenditures were irrelevant to the appeal, as the original decision was based on budgeted information.

The Ontario Pork Producers' Marketing Board brought a motion requesting that the hearing of an appeal by Elite Swine Inc. and others be held in camera.

The Tribunal granted the motion, finding that the public interest was best served by holding the hearing in camera to prevent the inadvertent disclosure of privileged information.

The Tribunal ordered that all parties, representatives, and witnesses sign confidentiality undertakings, and established procedures for handling privileged documentary evidence and transcripts.