Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West Guelph, Ontario
Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales
N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email:Tribunal@OMAF.gov.on.ca
1, chemin Stone Ouest Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Email:Tribunal@OMAF.gov.on.ca
AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL
APPEAL:
Zantingh Direct Inc. v Ontario Pork Producers’ Marketing Board
Zantingh Direct Inc. v OPPMB [Interlocutory Order] 2004 ONAFRAAT 20
STATUTE:
Ministry of Agriculture, Food and Rural Affairs Act
HEARING:
June 24, 2003, June 25, 2003, June 26, 2003, December 8, 2003, December 9, 2003 and December 10, 2003
June 4, 2004
2004-20
NEUTRAL CITATION:
2004 ONAFRAAT 20
Zantingh Direct Inc. v Ontario Pork Producers’ Marketing Board [Interlocutory Order]
IN THE MATTER OF THE FARM PRODUCTS MARKETING ACT AND SECTION 16 OF THE MINISTRY OF AGRICULTURE, FOOD AND RURAL AFFAIRS ACT.
AND IN THE MATTER OF: An Appeal to the Agriculture, Food and Rural Affairs Appeal Tribunal by Zantingh Direct Inc. from decisions of the Ontario Pork Producers’ Marketing Board whereby it rejected Zantingh Direct Inc.’s recommendations for changes to its framework for buying/selling “off-sort” or “lightweight” hogs.
AND IN THE MATTER OF: A subsequent decision of the Ontario Pork Producers’ Marketing Board dated April 6, 2004 whereby it rejected Zantingh Direct Inc.’s “5% proposal”.
AND IN THE MATTER OF: A subsequent request by Zantingh Direct Inc. dated April 30, 2004 that the Agriculture, Food and Rural Affairs Appeal Tribunal reconvene the hearing into this matter to deal specifically with the Zantingh Direct Inc.’s “5% proposal”.
AND IN THE MATTER OF: A motion to be brought by Zantingh Direct Inc. requesting that the Tribunal order early disclosure of an expert’s report which is to be prepared for the Ontario Pork Producers’ Marketing Board and used at a hearing of an appeal by Zantingh Direct Inc. of a decision of the Ontario Pork Producers’ Marketing Board.
PROCEDURAL ORDER
Background
A hearing of an appeal by Zantingh Direct Inc. (ZDI) from a decision of the Ontario Pork Producers’ Marketing Board (OPPMB) regarding “off sort” or “lightweight” hogs was held Tuesday, June 24, 2003, Wednesday, June 25, 2003, Thursday, June 26, 2003, Monday, December 8, 2003, Tuesday, December 9, 2003 and Wednesday, December 10, 2003. The hearing was continued on May 25, 2004 after the parties had attempted to reach agreement on a new option – the “5% proposal” that was raised in December 2003. The hearing was adjourned on that date to allow ZDI to bring a revised “5% proposal” to the OPPMB.
On June 3, 2004 legal counsel to the parties informed the Tribunal:
The parties had not reached an agreement on the revised “5% proposal”.
The parties requested the Tribunal hear a motion requesting early disclosure of an expert’s report, and that the motion be heard at an oral proceeding.
The parties were indifferent as to whether the motion, which was on a procedural matter, be heard by the panel seized of the case, or a differently constituted panel.
ORDER OF THE TRIBUNAL
The Tribunal will hear argument on the motion on Friday, June 25, 2004 at 9:00 a.m. in the Boardroom, Tribunal Office, The Government Building, 1 Stone Road West, Guelph, Ontario.
By Tuesday, June 15, 2004, ZDI is to serve its motion, and accompanying documents to the OPPMB and the Tribunal.
By Tuesday, June 22, 2004, the OPPMB is to serve its reply, and accompanying documents to ZDI and the Tribunal.
DATED AT Ethel, Ontario THIS 4^th^ day of June 2004.