Agriculture, Food and Rural Affairs Appeal Tribunal

1Stone 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:

Elite Swine Inc. et al. v Ontario Pork Producers' Marketing Board

Elite Swine Inc. et al. v OPPMB

[Prehearing Order] 2004 ONAFRAAT 36

STATUTE:

Ministry of Agriculture, Food and Rural Affairs Act

HEARING:

October 13, 2004

DATE OF DECISION:

October 14, 2004

2004-36

NEUTRAL CITATION:

2004 ONAFRAAT 36

Elite Swine Inc. et al. v Ontario Pork Producers' Marketing Board [Prehearing 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 Elite Swine Inc. and Cold Springs Farm Limited from a decision of the Ontario Pork Producers' Marketing Board (OPPMB) not to rescind its decision to increase the service charge on all Ontario hogs by $0.80 per hog in its Board Regulation 9-2004 Schedule B.

AND IN THE MATTER OF: Requests by Progressive Pork Producer’s Co-operative Inc., Selves Farms Limited and Synergy Services Inc. that they be added as parties to this proceeding.

AND IN THE MATTER OF: A motion by the OPPMB requesting a restricted access order for specific documents which it is required to file with the Tribunal.

AND IN THE MATTER OF: A motion by the appellants requesting an adjournment of the hearing.

Before: Jack Young, Vice Chair; Blake Bexon, Member

Appearances:

Sean Foran, representing the respondent in the appeal, the OPPMB

Robert Shapiro, representing the appellants in the appeal Elite Swine and Cold Springs Farm Ltd. and also representing Progressive Pork Producer’s Co-operative Inc., Selves Farms Limited and Synergy Services Inc.

DECISION OF THE TRIBUNAL

This pre-hearing motion was considered in Guelph, Ontario on Wednesday, October 13, 2004. The motions relate to an appeal to the Agriculture, Food and Rural Affairs Appeal Tribunal (the Tribunal) by Elite Swine Inc. and Cold Springs Farm Ltd. (CSF) of a decision of the Ontario Pork Producers’ Marketing Board (OPPMB) to increase the service charge on sales of hogs for slaughter from $1.75 per hog to $2.55 per hog.

Progressive Pork Producer’s Co-operative Inc., Selves Farms Limited and Synergy Services Inc. indicated they also wished to appeal the decision of the OPPMB in this matter. They asked the Tribunal to consolidate their appeals with those of Elite Swine Inc. and CSF, and hear all the appeals at the same time.

The OPPMB sought an order that access to specific documents related to the matter under appeal be restricted.

The OPPMB also sought an order requiring further particulars be provided by the appellants.

The appellants sought an order adjourning the hearing until the first week of November. The hearing was scheduled to take place on October 21, 2004, October 28, 2004 and, if necessary, October 29, 2004.

The appellants also sought an order that the respondent be required to swear an affidavit that it had disclosed all documents in its possession related to the matter under appeal, and providing a description of how such documents were identified.

Statutory Context

Subsection 16(5) of the Ministry of Agriculture, Food and Rural Affairs Act states:

Conditions for appeal

(5) No appeal may be taken from an order, direction, policy, decision or regulation of a local board or a marketing board unless,

(a) the appellant has first applied to the local board or marketing board for a hearing and the local board or marketing board has refused to grant, in whole or in part, the relief requested by the appellant or has not decided the matter within sixty days of the application for a hearing; or

(b) the appellant and the local board or marketing board have waived their respective rights under clause (a) in writing. [R.S.O. 1990, c. M.16, s. 16 (5)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-m16/latest/rso-1990-c-m16.html#sec16subsec5_smooth