Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West
Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales 1 Stone Road West
Guelph, (Ontario) N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: AFRAAT@ontario.ca
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 [Decision of Pre-Hearing Conference] 1999 ONAFRAAT 10
STATUTE:
Ministry of Agriculture, Food and Rural Affairs Act
HEARING:
April 20, 1999
DATE OF DECISION:
April 21, 1999
1999-10
NEUTRAL CITATION:
1999 ONAFRAAT 10
Olszowka Poultry Inc. v Chicken Farmers of Ontario [Decision of 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 652024 Ontario Inc., John Vanderzanden, from the March 18, 1997 decision of the CFO wherein the CFO found that, contrary to General Regulation Numbers 402, 945-1992, 1106-1994, and 1165-1994, 652024 Ontario Inc., during Quota Periods P-08, P-09, P-10, P-12, P-13 and P-14, had produced and marketed chicken without quota, produced and marketed chicken in excess of quota and failed to pay licence fees and levies due on owing on all chicken produced and sold for a total of 17,690 kilograms of chicken. As a result of its findings, CFO adjusted the production records of, 652024 Ontario Inc., applied license fees, CCMA levies and excess production levies totalling $7,954.34 and cancelled 5,247 units of basic production quota fixed and allotted to 652024 Ontario Inc. in respect of Lot Pt. 23, Concession 5, Township of West Lincoln, effective Quota Period A-15.
Before:
Andrew Osyany, Vice-Chair
Appearances:
Mr. Norman Peel, Q. C., counsel to the appellant.
Mr. Geoff Spurr, counsel to the respondent, the Chicken Farmers of Ontario.
The Background
This prehearing conference was held in Guelph, Ontario on Tuesday April 20, 1999 to set out the procedures in preparation for a hearing by the Farm Products Appeal Tribunal (the Tribunal) in the appeal of 652024 Ontario Inc., John Vanderzanden. This prehearing conference took place in the presence of the counsel to the parties and this order embodies the procedural directions of the Tribunal and the agreements and consents of the counsel of the parties to the substantive matters.
Order of the Farm Products Appeal Tribunal
Subject to any further pre-hearing conference orders and subject to any further orders of the Tribunal at the hearing of the appeal, the Tribunal orders as follows:
- Parties
The parties to the appeal shall be 652024 Ontario Inc., John Vanderzanden(Appellant) and the Chicken Farmers of Ontario (Respondent).
- Hearing date and Length
The hearing of the appeal shall commence on May 17, 1999, at 10 AM in the Boardroom, Tribunal Office, The Ontario Government Building, 1 Stone Road West, Guelph, Ontario, and shall have an expected hearing length of two days.
- Preliminary issues
There are no preliminary issues to be argued by either party at the commencement of the hearing.
- Procedure at Hearing
A) Either party shall be at liberty to seek the consolidation of this hearing with any other hearing before the Tribunal between the same parties.
B) The Chicken Farmers of Ontario shall present its evidence, followed by evidence presented by 652024 Ontario Inc., John Vanderzanden and reply evidence by the Chicken Farmers of Ontario.
- Admissions and Hearing Issues
There are no admissions made by the parties at the prehearing conference.
- Witnesses
Except as provided below, the parties shall not call any witnesses, other than the following.
A) Chicken Farmers of Ontario witnesses: Kevin Thompson John Neil CFO board director as selected by Chicken Farmers of Ontario Reg Patterson Kim Slack Adrian Scherders David Olszowka Bob Johnson
B) 652024 Ontario Inc., John Vanderzanden: John Vanderzanden.
C) Any additional witness may only be called if two weeks’ prior written notice is given to the other party and to the Tribunal, together with a “will say” statement summarizing the proposed evidence of the witness.
D) The Chicken Farmers of Ontario undertakes to provide a “will say” statement regarding David Olszowka.
E) The parties acknowledge having had sufficient disclosure of the evidence proposed to be given by all other witnesses named above.
- Documentary productions
A) The parties have made known to each other the general types of documents in their possession and otherwise relevant to the hearing of this appeal. Neither party has sought any specific document to be produced by the other party.
B) Each party shall, on or before May 3, 1999, produce to the other party, copies of all documents that the party intends to rely on at the hearing of the appeal. In case of documents not presently in possession of the parties, they shall be forthwith produced to the other party upon coming into the possession of the party that intends to rely on them. The latest date for producing documents shall be May 10, 1999.
- Authenticity of documents
Except as disputed in writing within two weeks of production, all documents produced shall be deemed to be authentic (i.e. to be the actual documents they appear to be).
- Evidentiary effect of documents produced
A) Except as provided in this part, each document produced and not objected to in writing within two weeks of its production, shall be prima facie proof of what the document purports to say. Documents provided less than 14 days prior to the commencement of the hearing shall have no prima facie evidentiary weight.
B) The weight to be accorded to the evidence of any document produced and not objected to shall be determined by the Tribunal at the hearing.
- Legal representation
Upon the delivery of this Order to 652024 Ontario Inc., John Vanderzanden, Mr. Norman Peel, Q. C., is recognized as having withdrawn from the representation of 652024 Ontario Inc., John Vanderzanden. John Vanderzanden, by counsel, has undertaken to be ready to proceed with the hearing in accordance with the above order, with or without other legal representation.
- Tribunal procedural matters
A) This member of the Tribunal is not seised of this matter for the purpose of further procedural orders.
B) This member of the Tribunal shall not participate in the hearing of the appeal.
Dated at Shelburne, Ontario this 21st day of April, 1999.