Ken Allan v. Director, 2011 ONAFRAAT 38

Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone 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:

Ken Allan v. Director - Procedural Order

Allan v. Director - Procedural Order 2011 ONAFRAAT 38

STATUTE:

Livestock Medicines Act

HEARING:

DATE OF DECISION:

December 22, 2011

2011-38

NEUTRAL CITATION:

2011 ONAFRAAT 38

PROCEDURAL ORDER

IN THE MATTER OF THE LIVESTOCK MEDICINES ACT, R.S.O.1990, CHAPTER L.23 AND ONTARIO REGULATION 730 UNDER THE ACT.

AND IN THE MATTER OF: An Appeal to the Agriculture, Food and Rural Affairs Appeal Tribunal by Ken Allan, of Perth, Ontario, under Section 9(1) of the Livestock Medicines Act from a decision of the Director under the Act, dated July 8, 2010, (reasons dated December 7, 2010) in which the Director revoked the Class 1 Licence issued to Ken Allan.

AND IN THE MATTER OF: A request for review by the Director of the Tribunal’s decision dated July 15, 2011, under Subsection 21.2(1) of the Statutory Powers Procedure Act and Rule 29 of the Rules of Procedure of the Tribunal.

AND IN THE MATTER OF: A decision of the Tribunal dated October 20, 2011 granting the request for review, and ordering that the review proceed by way of a written hearing.

AND IN THE MATTER OF: A telephone pre-hearing conference heard November 16, 2011 pursuant to Rule 24 of the Tribunal’s Rules of Procedure, for the purpose of considering a request by the Director to dispense with a review hearing and grant the Director a “summary judgment” and revoke Orders 2 and 3 made in the Tribunal’s July 15, 2011 decision.

AND IN THE MATTER OF: A preliminary order issued November 21, 2011 ordering the Director to file specified documents with the Tribunal pertaining to actions by the Director in the Ken Allan matter; the search warrant issued by the His Worship C.A. McKechnie, Justice of the Peace, Ontario Court of Justice; and requiring the parties to file such further documents as specified in the preliminary order.

AND IN THE MATTER OF: Correspondence from Counsel for the Director seeking further guidance from the Tribunal in this matter.

Before:

John O’Kane, Vice Chair; Harold McNeely, Vice-Chair; Bernard Brennan, Member

Appearances:

None

DECISION OF THE TRIBUNAL

OVERVIEW

On November 18^th, 2011, the Tribunal issued a procedural order concerning how this review hearing would be conducted.

In accordance with that procedural order, the parties attempted, albeit unsuccessfully, to develop an agreed statement of facts.

In addition, since that November 18^th procedural order was made, the Tribunal received communication from counsel for Ken Allan advising that he and his client are withdrawing from participation in the review hearing.

Since there will be no agreed statement of facts from the parties, and since Ken Allan elects not to participate further, the Tribunal directs the following procedural steps to supersede its earlier November 18^th procedural directions.

PROCEDURAL DIRECTIONS FOR A WRITTEN REVIEW HEARING

The Director will serve on Ken Allan all materials that the Director intends to rely on in this written hearing. Service may be completed on Ken Allan by regular first class mail and the Director will file with the Tribunal an affidavit proving service.

While Ken Allan may have elected to withdraw from participating in this hearing, he remains a party in this proceeding and, therefore, the Tribunal will continue to provide for procedural fairness safeguards, in the event that Ken Allan reconsiders that decision. If Ken Allan participates in this hearing, he will serve any materials on the Director by regular first class mail and file the materials, together with an affidavit proving service.

In respect of any materials filed with the Tribunal, the parties shall provide five (5) copies.

The Director will deliver any evidence that the Director intends to rely on in affidavit format. In this context, the Tribunal adopts the definition of “deliver” from the Rules of Civil Procedure, meaning both served and filed with the Tribunal office.

The Director will deliver any evidence that the Director intends to rely on by 4:00 pm on Tuesday, January 31^st, 2012.

Ken Allan will deliver any evidence that he intends to rely on by 4:00 pm on Wednesday, February 29^th, 2012.

In the event that the Tribunal panel has any questions arising from the affidavit evidence, it will deliver a list of those questions to the parties, no later than Friday, March 16^th, 2012.

The parties will deliver supplementary affidavits answering any Tribunal questions by 4:00 pm on Friday, March 30^th, 2012.

In addition, the parties will deliver their written submissions/arguments, together with any authorities, by the close of business on Friday, March 30^th, 2012.

ORDER OF THE TRIBUNAL

Therefore, the Tribunal orders:

1. The timetable established in its November 18^th, 2011 Order is superseded by the dates set out in this Order.

2. The Director will deliver any evidence that the Director intends to rely on by 4:00 pm on Tuesday, January 31^st, 2012.

3. Ken Allan will deliver any evidence that he intends to rely on by 4:00 pm on Wednesday, February 29^th, 2012.

4. The parties will deliver supplementary affidavits answering any Tribunal questions by the close of business on Friday, March 30^th, 2012.

5. The parties will deliver their written submissions/arguments, together with any authorities, by 4:00 pm on Friday, March 30^th, 2012.

Dated at Brampton, Ontario this 22^nd day of December, 2011