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 Stone Road West
Guelph, Ontario, N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: AFRAAT@ontario.ca
Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Courriel: AFRAAT@ontario.ca
AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL
APPEAL:
Skotidakis Goat Farm (1048547 Ontario Inc.) v DFO (RE)
[PROCEDURAL ORDER]
Skotidakis Goat Farm (1048547 Ontario Inc.) v DFO (RE)
[PROCEDURAL ORDER]
STATUTE:
Ministry of Agriculture, Food and Rural Affairs Act
HEARING:
June 2, 2020
DATE OF DECISION:
June 3, 2020
002Skotidakis19
NEUTRAL CITATION:
2020 ONAFRAAT 07
PROCEDURAL ORDER
IN THE MATTER OF THE Ministry of Agriculture, Food and Rural Affairs Act, R.S.O. 1990, CHAPTER M.16, AS AMENDED.
AND IN THE MATTER OF: An Appeal to the Agriculture, Food and Rural Affairs Appeal Tribunal by 1048547 Ontario Inc. (Skotidakis Goat Farm), from decisions of the Dairy Farmers of Ontario, including retroactive assessments, pricing, fines, and milk delivery reduction/cessation decisions.
AND IN THE MATTER OF: A Pre-hearing Conference held on June 2, 2020 to hear submissions regarding an allegation by the Respondent, the Dairy Farmers of Ontario (“DFO”), that the Appellant, Skotidakis Goat Farm, has breached paragraph 4 of the Tribunal’s Order dated February 24th, 2020.
Before: John O’Kane, Vice-Chair; Harold McNeely, Vice-Chair; Peter Koroneos, Member
Appearances:
Marie Henein, co-counsel for the Appellant
David Wilson, co-counsel for the Respondent
Also present on the line:
John Skotidakis, President of the Appellant Corporation
James McIlroy, co-counsel for the Appellant
Christine Mainville, co-counsel for the Appellant
Lauren Mills-Taylor, co-counsel for the Appellant
Arlene Minott, General Counsel and Corporate Secretary of the Respondent
Julie Mouris, co-counsel for the Respondent
The Tribunal convened this pre-hearing conference via teleconference to address competing concerns raised by the Appellant and Respondent about possible disclosures made contrary to the confidentiality provisions of paragraph 4 of our February 24, 2020 Procedural Order.
Having heard the submissions of counsel for the Appellant and Respondent, we are satisfied that neither counsel has made any intentional disclosures of confidential material.
However, given the issues in the competing restricted access motions pending before the Tribunal and because the Tribunal has received material from third parties related to the restricted access issues, and given the possibility the Tribunal will receive more similar materials and may receive formal applications for intervenor status on the restricted access motions, the Tribunal issues this procedural direction to ensure clarity:
Until further order of the Tribunal, any materials filed regarding the DFO’s restricted access request shall remain confidential and sealed, disclosed only to the Tribunal hearing panel and not part of the public record of this appeal.
If the Tribunal receives third party materials related to the restricted access motion, such third-party materials will remain confidential and sealed, disclosed only to the Tribunal hearing panel and not part of the public record of this appeal, subject to these processes:
a. If any party seeks to lift Tribunal’s confidentiality order as it relates to third party materials, they shall provide written notice to both Parties to the appeal and to the third party and to the Tribunal, and a pre-hearing conference will be convened to address the Tribunal’s confidentiality order.
b. Where a third party intends to seek participant or intervenor status on the restricted access motion, the Tribunal directs that it do so by formal motion to the Tribunal using the following process:
i. A public version of the third party’s Notice of Motion and supporting evidence shall be served on the appeal parties and filed with the Tribunal and will:
Identify the third party;
Disclosing no confidential information, indicate the third party’s interest in the subject of the restricted access motion or its outcome; or,
Disclosing no confidential information, indicate how the third party’s involvement will assist the Tribunal in addressing the restricted access issues.
ii. A confidential version of the third party’s Notice of Motion and supporting evidence shall be marked as “CONFIDENTIAL” and served on the appeal parties and filed with the Tribunal and will:
- Set out any confidential information relevant to the restricted access motion or the third party’s application for status.
iii. After receiving such an application for status, the Tribunal will schedule a pre-hearing conference with all parties to address any third-party applications for status on the restricted access motion.
DATED at Collingwood, this 3rd day of June, 2020