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: Vanderbeke v Agricorp
Vanderbeke v Agricorp [Prehearing Conference] 2005 ONAFRAAT 24
STATUTE: Crop Insurance Act
HEARING: September 7, 2005
DATE OF DECISION: September 9, 2005
2005-24
NEUTRAL CITATION: 2005 ONAFRAAT 24
IN THE MATTER OF: The Crop Insurance Act (Ontario) and 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 Keith Vanderbeke, Staples, Ontario from the decision of AGRICORP concerning the adjustment of his claims for his 2002 and 2003 soybean crops under Regulation 380/97 and the Crop Insurance Plan For Grain and Oilseeds.
AND IN THE MATTER OF: A request by Lyle Hall, Essex, Ontario for an order of the Agriculture, Food and Rural Affairs Appeal Tribunal that personal information, including his account numbers be removed from AGRICORP’s document binder.
Before: John Taylor, Vice Chair; Mary Field, Member
DECISION OF THE TRIBUNAL
The Agriculture, Food and Rural Affairs Appeal Tribunal (the Tribunal) considered a request by Mr. Lyle Hall that it order the removal of his personal information from document binders prepared by AGRICORP on Wednesday, September 7, 2005. The document binders had been prepared in response to a motion by Mr. Keith Vanderbeke seeking discovery of documents and information to assist him in preparing for a hearing before the Tribunal.
At a pre-hearing conference on this matter, which was held in Chatham, Ontario on Thursday, July 28, 2005, the parties agreed that AGRICORP could remove two pages of information from their document brief, as it had inadvertently included information that identified other clients of AGRICORP and their crop yields. AGRICORP was permitted to replace these pages with identifiers removed, in a slightly different format.
Subsequent to that pre-hearing conference, Mr. Lyle Hall contacted the Tribunal with the concern that his personal information had been disclosed. Specifically, he identified an e-mail from Bai Peng to Kim Leach dated 20-Feb-04 10:15 a.m. as a document which contained his personal information.
The Findings
The Tribunal agrees with Mr. Hall that his personal information was included in the AGRICORP document brief and that it should be removed.
Order of the Tribunal
After careful consideration of the evidence and submissions made the Tribunal orders:
- Within 7 days of the date of this decision, Mr. Keith Vanderbeke shall return copies of the AGRICORP binder of information that were provided to him, as well as all copies and reproductions he has made, or caused to be made, of the binder of information and any document contained within the binder of information to AGRICORP. Copies of the binder of information filed with the Tribunal will be returned to AGRICORP in the same time frame.
- Within 7 days of receipt of the binders of information, and all copies and reproductions made of the binder of information, AGRICORP shall: i) amend its pleadings to expunge any information that may be protected under the Freedom of Information and Protection of Privacy Act ii) return copies of the AGRICORP binder of information, as amended by point 2(i) of this order, to Mr. Vanderbeke and the Tribunal.
DATED AT Tilbury, Ontario this 9th day of September, 2005.