Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West Guelph, Ontario N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: Tribunal@OMAF.gov.on.ca
Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales 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: Minnema v Ontario Pork Producers’ Marketing Board
Minnema v Ontario Pork Producers’ Marketing Board [Interim Decision] 2005 ONAFRAAT 16
STATUTE: Ministry of Agriculture, Food and Rural Affairs Act
HEARING: June 8, 2005
DATE OF DECISION: June 8, 2005
2005-10
NEUTRAL CITATION: 2005 ONAFRAAT 16
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 Rein Minnema, Glencoe, Ontario from a decision of the Ontario Pork Producers’ Marketing Board to deny his request that it adjust its payment to him for two loads of hogs he shipped in the week of November 4th, 2003. The dispute relates to the difference in the price of the hogs obtained from a Quebec processor, and the price that would have been received had the hogs been shipped to a processor in the United States.
INTERIM ORDER OF THE TRIBUNAL
The hearing in this matter commenced on Wednesday, June 8, 2005 in Guelph, Ontario. Before any evidence was called, Mr. Rein Minnema raised a concern that the Ontario Pork Producers’ Marketing Board (OPPMB) had not provided him with transcripts of telephone conversations it had with his transporter, MacDonald Transport, which he had requested sometime after May 17, 2005. Mr. Minnema submitted that he needed transcripts of conversations made between October 30, 2003 and November 17, 2003 in order to make his case. He confirmed that he would like an adjournment in order to obtain the transcripts.
Mr. Christopher Diana, counsel to the OPPMB, submitted that transcripts of relevant telephone conversations had been included in the OPPMB advance documentation. He objected to an adjournment of the proceeding. He also argued that transcripts of telephone calls made after Mr. Minnema’s hogs were shipped were clearly not relevant.
Decision and Reasons
After careful consideration of the evidence filed and the submissions made the Tribunal orders:
The OPPMB is to obtain transcripts of telephone conversations made between OPPMB staff and staff of MacDonald Transport between October 30, 2003 and November 7, 2003, inclusive.
The OPPMB is to ‘black out’ the names and producer numbers of hog producers referenced in the transcripts, other than Mr. Minnema, such that the names and producer numbers cannot be read.
By Thursday, June 30, 2005, the OPPMB is to provide two copies of the transcripts, as altered by point two of this order, to Mr. Minnema. Five copies of the altered transcripts are to be filed with the Tribunal by the same date.
Mr. Minnema is to ensure that one of the brothers who own MacDonald Transport is present to testify at the hearing on the date that it is continued.
This panel is seized of the matter.
The reason for this interim order is the Agriculture, Food and Rural Affairs Appeal Tribunal feels that there may be information that would be relevant to this matter in the transcripts or available from the transporter.
Dated at Guelph, Ontario this 8th day of June, 2005.