Agriculture, Food and Rural Affairs Appeal Tribunal

Agriculture, Food and Rural Affairs

Appeal Tribunal

1Stone Road West

Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales

1, chemin Stone Ouest

Guelph, (Ontario) N1G 4Y2

Tel: (519) 826-3433, Fax: (519) 826-4232

Email: appeals.tribunal.omafra@ontario.ca

Guelph (Ontario) N1G 4Y2

Tél.: (519) 826-3433, Téléc.: (519) 826-4232

Email: appeals.tribunal.omafra@ontario.ca

AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL

APPEAL:

Pearse v Agricorp – Request for Review Addendum

Pearse v Agricorp – Request for Review Addendum 2008 ONAFRAAT 31

STATUTE:

Ministry of Agriculture, Food and Rural Affairs Act

HEARING:

August 19, 2008

DATE OF DECISION:

August 26, 2008

2008-31

NEUTRAL CITATION:

2008 ONAFRAAT 31

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 Bruce Pearse of Sunderland, Ontario from a decision of Agricorp concerning the adjustment of his claim for his 2006 Red Spring Wheat and Soybean crop, and his fall red wheat planted in 2005 and harvested in 2006.

AND IN THE MATTER OF:

A request for review by Bruce Pearse of the Decision of the Tribunal dated May 22, 2008 made by letter dated June 6, 2008, under Subsection 21.2(1) of the Statutory Powers Procedure Act and Rule 29 of the Rules of Procedure for the Tribunal.

ADDENDUM TO THE DECISION OF THE TRIBUNAL DATED JULY 25, 2008

Background

In a letter to the Tribunal, dated August 19, 2008, one of the parties requested clarification on the Decision of the Tribunal dated July 25, 2008. Specifically, they inquired as to whether the review granted on July 25, 2008, would be of either:

1. the entire Decision of the Tribunal dated May 22, 2008, before a new panel to consider the same issues and evidence, in light of the Tribunal’s incomplete understanding; or

2. only part of the Decision of the Tribunal dated May 22, 2008, to consider the same issues and evidence with respect to the interpretation of the crop insurance contract.

Addendum to the Decision

Based on the submission received, the Tribunal issues the following addendum to its Decision dated July 25, 2008. The text below is to be appended to the end of the “Disposition” section of the aforementioned decision.

When evaluating a request for review of a Tribunal decision, the appointed member may grant “in whole or in part” such a request. In this instance, I find it to be in the interest of justice that the Decision of the Tribunal dated May 22, 2008, be reviewed in its entirety. With respect to the format for the review, attention is drawn to Rules 29.24[i], 29.25[ii] and 29.26[iii] of the Tribunal’s Rules of Procedure.

Dated at Brampton, Ontario, this 26th day of August, 2008.

[i] 29.24 Unless otherwise ordered, a review of a final decision or order of the Tribunal shall be conducted orally.

[ii] 29.25 A review shall be conducted by a panel of the Tribunal designated by the Chair.

[iii] 29.26 On a review the Tribunal may confirm, vary, suspend or cancel the final decision or order under review.