McGuigan v Agricorp, 2000 ONAFRAAT 6

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:

McGuigan v Agricorp

McGuigan v Agricorp 2000 ONAFRAAT 6

STATUTE:

Crop Insurance Act

HEARING:

April 10, 2000

DATE OF DECISION:

April 11, 2000

2000-06

NEUTRAL CITATION:

2000 ONAFRAAT 6

McGuigan v Agricorp

IN THE MATTER OF: Ontario Regulation 140/96 under the Crop Insurance Act (Ontario) 1996, S.O. 1996, C. 17, Schedule C.

AND IN THE MATTER OF: An Appeal to the Agriculture Food and Rural Affairs Appeal Tribunal by John McGuigan on behalf of McGuigan’s Orchard Ltd., from the decision of AGRICORP to deny it a claim concerning Spanish Onions under Regulation 380/97 and the Crop Insurance Plan For Spanish Onions.

Before:

Jim Rickard, Chair; Ed Mailloux, Vice-Chair; Andrew Wright Vice-Chair.

Appearances:

John McGuigan, for the appellant McGuigan’s Orchard Ltd.,

Jim Zavitz, Quality Assurance Manger, AGRICORP,

Harry Fraser Regional Claims manager, AGRICORP,

Peter Fisher, adjuster, AGRICORP.

DECISION OF THE BOARD

This appeal was heard in Guelph Ontario on April 10, 2000.

McGuigan’s Orchard Ltd. (McGuigan) appealed to the Agriculture Food and Rural Affairs Appeal Tribunal (the Tribunal) from the decision of AGRICORP to deny it a claim concerning Spanish Onions under Regulation 380/97 and the Crop Insurance Plan For Spanish Onions.

Decision and Reasons

This hearing commenced at 9:00 a.m. and the Tribunal heard the appellant's evidence and a portion of AGRICORP's evidence prior to the lunch break. Over that break the parties reached a settlement and filed with the Tribunal their written agreement, together with the form of the Release to be signed by the appellant. The parties asked the Tribunal to endorse the settlement and order the payment as set out in the agreement.

Having received from the parties the minutes of settlement and final release form, the Tribunal has decided to accept the agreement arrived at by the parties that a final amount of $54,223.30 will settle the claim of McGuigan relative to its 1999 Spanish onion crop.

The Tribunal will endorse the settlement and allow the appeal of McGuigan to the extent of the settlement amount, that is $54.223.30. The amount of the settlement to be paid as soon as practical by AGRICORP to McGuigan.