OAFRAAT 2012

Andrew Peller Limited appealed a decision by the Grape Growers of Ontario to appoint a third-party inspector to resolve a dispute over the quality of grapes supplied by a producer.

The appellant argued that the referral was not timely and that the grapes had already been destroyed, making an inspection impossible.

The Tribunal dismissed the appeal, finding that the applicable 2010 Regulations did not impose a time limit for referring a dispute to an inspector, and that the inspector's role was to adjudicate the dispute, which could be done even if the grapes were no longer available for physical inspection.

The Ontario Dairy Council appealed the Director's decision to grant Esskay Dairy Ltd. a permit to construct a dairy plant for manufacturing lassi.

The appellant argued the Director failed to properly consider the negative impact on existing plants under section 14(3)(a) of the Milk Act, given the limited industrial milk supply.

The Tribunal dismissed the appeal, finding the proposed plant was necessary and desirable as it would manufacture a unique product, create local jobs, and potentially increase the overall demand for milk, thereby advancing the legislative purpose of stimulating milk production in Ontario.

The appellant appealed the decision of the Court of Revision regarding the East Ruthven Drain, arguing that the single Construction Schedule of Assessment was inappropriate and that the 91%/9% Benefit/Outlet split unfairly penalized the appellant.

The Tribunal accepted the engineer's report methodology, finding that the road formed a barrier to drainage and that the assessment split was logical.

The appeal was denied, save for a minor correction assessing the cost of relocating water services to the respondent as the water utility.