Olszowka Poultry Inc. v Chicken Farmers of Ontario, 1998 ONAFRAAT 48

Agriculture, Food and Rural Affairs

Appeal Tribunal

1Stone Road West

Guelph, (Ontario) N1G 4Y2

Tel: (519) 826-3433, Fax: (519) 826-4232

Email: AFRAAT@ontario.ca

Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales

1 Stone Road West

Guelph (Ontario) N1G 4Y2

Tél.: (519) 826-3433, Téléc.: (519) 826-4232

Email: AFRAAT@ontario.ca

AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL

APPEAL:

Olszowka Poultry Inc. v Chicken Farmers of Ontario

Olszowka Poultry Inc. v CFO [Pre-Hearing Conference] 1998 ONAFRAAT 48

STATUTE:

Ministry of Agriculture, Food and Rural Affairs Act

HEARING:

November 9, 1998

DATE OF DECISION:

November 12, 1998

1998-48

NEUTRAL CITATION:

1998 ONAFRAAT 48

Olszowka Poultry Inc. v Chicken Farmers of Ontario [Pre-Hearing Conference]

IN THE MATTER OF THE FARM PRODUCTS MARKETING ACT AND SECTION 16 OF THE MINISTRY OF AGRICULTURE AND FOOD ACT.

AND IN THE MATTER OF:

An Appeal to the Farm Products Appeal Tribunal by Olszowka Poultry Inc. from a decision of the Ontario Chicken Producers’ Marketing Board, now the Chicken Farmers of Ontario, dated December 27, 1996 wherein the Chicken Farmers of Ontario found Olszowka Poultry Inc. had produced and marketed chicken without quota, had produced and marketed chicken in excess of quota and failed to pay all license fees and levies due and owing on all chicken sold by it during Quota Periods P-08, P-09, P-10, P-11, P-13 and P-14. As a consequence of finding that Olszowka Poultry Inc. had contravened the regulations by producing and marketing 124,450 kilograms of chicken not reported to it, the Chicken Farmers of Ontario charged license fees, CCMA levies and excess production levies totalling $66,254 against Olszowka Poultry Inc. and cancelled 23,000 units of basic production quota allotted to Olszowka Poultry Inc. in respect of Part of Lot 7, Concession 12, Township of Delhi, effective in Quota Period A-13.

AND IN THE MATTER OF:

A pre-hearing to determine procedural matters with respect to the appeal of Olszowka Poultry Inc.

Before :

John Taylor, Vice-Chair.

Appearances:

John Judson, counsel for the appellant, Olszowka Poultry Inc.

Geoff Spurr, counsel for the respondent, the Chicken Farmers of Ontario.

Background

This pre-hearing conference was held in London, Ontario, on November 9, 1998, to set out the procedures in preparation for a hearing by the Farm Products Appeal Tribunal in the appeal of Olszowka Poultry Inc. John Judson, David Olszowka, Geoff Spurr and Chris Vanderkooy attended the conference. At the pre-hearing conference Mr. Judson, Counsel to Olszowka Poultry Inc., informed the panel that he also represents another appellant (Anna Chimniak) who has somewhat similar circumstances and Mr. Judson agreed to allow the panel to set dates for that hearing as well.

The following order is the result of consensus decisions arrived at during the pre-hearing conference by the parties.

Order of the Farm Products Appeal Tribunal

1Olszowka Poultry Inc. is the appellant in this matter.

2The Chicken Farmers of Ontario is the respondent in this matter.

3The hearing for the appeal of Olszowka Poultry Inc. is set to commence on February 15, 1999 and will continue day by day until completed and, immediately following the completion of the Olszowka Poultry Inc. hearing, the hearing of the appeal of Anna Chimniak will commence, if necessary.

4The respondent is required to provide full disclosure to the appellant of copies all of the documents that it proposes to use in both appeals by January 8^th, 1999.

5The respondent is required to provide its list of witnesses, for both hearings, to the appellants by January 8^th, 1999.

6By January 15^th, 1999, the appellant shall make full disclosure of its documents and witnesses to the respondent.

7By January 15^th, 1999, the appellant shall stipulate to the respondent which documents or evidence it will admit to for the appeal of Olszowka Poultry Inc. without the need to call for further proof and which documents or evidence must be proven by the respondent at the hearing.

8The respondent shall disclose its rebuttal documents and witnesses if any, to the appellant by January 22^nd, 1999.

Counsel for both the appellant and respondent acknowledged that the Tribunal member presiding at this pre-hearing conference is not disqualified from sitting as a panel member at the hearing of the appeal.