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The court maintained the established schedule for executive discoveries and set deadlines for third-party pleadings.
This case conference endorsement outlines procedural progress in a complex, multi-party construction litigation involving Carillion Construction Inc., the City of Toronto, and NORR Limited, among others.
The court addressed the schedule for executive discoveries, ruling that they must proceed as planned, contrary to the City's submission.
It also confirmed the mediation schedule for March-April 2019, involving various claimants and insurers.
Further directions were given regarding documentary production by subcontractors and the City's amended third-party claim against Metrolinx, setting deadlines for Metrolinx's response or motion.
Tribunal restores Ontario Pork's mandatory marketing powers but grants 18-month exemption for strategic planning.
The appellants, including several pork producers and associations, appealed a decision of the Ontario Farm Products Marketing Commission that revoked the mandatory marketing powers of the Ontario Pork Producers' Marketing Board (Ontario Pork).
The Commission's decision allowed producers to voluntarily choose their marketing methods and enter into direct supply contracts.
The Agriculture, Food and Rural Affairs Appeal Tribunal found that the Commission's decision did not respect the legislative principles of the Farm Products Marketing Act, as it effectively removed control of marketing from the local board without establishing an alternative plan.
The Tribunal ordered that the mandatory marketing provisions of Regulation 419 remain in force, but granted an 18-month blanket exemption to allow producers to market independently while Ontario Pork completes a comprehensive strategic planning and governance reform process.
Tribunal issued procedural orders consolidating appeals and setting the schedule for the hearing.
The Agriculture, Food and Rural Affairs Appeal Tribunal issued an interim decision regarding appeals of a decision by the Ontario Farm Products Marketing Commission.
The Tribunal addressed preliminary matters, including the disclosure of prior involvement by two Vice Chairs, to which no parties objected.
The Tribunal established procedural rules for the admission of documents from the Commission record and ordered the consolidation of appeals by three appellants.
The Tribunal also set the order of presentation for the hearing, granted intervenor status to De Wetering Hill Farms, and established a schedule for the exchange of documents, expert reports, and future hearing dates.
Tribunal declines to lift statutory stay of Commission decision restructuring pork marketing pending appeal.
At a pre-hearing conference, the Tribunal considered motions to lift, limit, or define the scope of a statutory stay of a decision by the Ontario Farm Products Marketing Commission regarding the Ontario Pork Producers' Marketing Board.
The Commission's decision significantly changed the mandate of Ontario Pork from single desk marketing to a more open market.
The Tribunal applied the RJR MacDonald test, adapted for a statutory stay, and found no irreparable harm to the public interest if the stay remained in place.
The Tribunal declined to lift the stay but defined its scope, allowing certain preparatory work and pilot projects to continue while staying the implementation of the open market structure pending the appeal.
Motion to dismiss appeals denied; participation at initial hearing not required to appeal marketing board decision.
The Ontario Farm Products Marketing Commission issued a decision significantly changing the powers of the Ontario Pork Producers' Marketing Board.
Several pork producers appealed the decision to the Agriculture, Food and Rural Affairs Appeal Tribunal.
The Commission brought a motion requesting the Tribunal refuse to hear the appeals under s. 16(4) of the Ministry of Agriculture, Food and Rural Affairs Act, arguing the appellants lacked sufficient interest because they had not participated as full parties at the Commission hearing.
The Tribunal dismissed the motion, finding that the legislation does not require participation at the Commission level to qualify as an appellant.
The Tribunal granted party and intervenor status to various industry groups and adjourned the issue of the statutory stay to a continuation of the pre-hearing conference.
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.
