Agriculture, Food and Rural Affairs Appeal Tribunal

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:

Sweda Farms Ltd. Vs Egg Farmers of Ontario and Ontario Farm Products Marketing Commission

Sweda Farms Ltd. Vs EFO [TRIBUNAL DECISION] 2022ONAFRAAT09

STATUTE:

Ministry of Agriculture, Food and Rural Affairs Act

HEARING:

February 28, 2022

DATE OF DECISION:

March 01, 2022

003Sweda21

NEUTRAL CITATION:

2022ONAFRAAT09

FILE NO.: 003Sweda21

DATE: 2022/03/01

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 (“Tribunal”) by Sweda Farms Ltd., regarding a decision of the Egg Farmers of Ontario directing where egg producers market.

AND IN THE MATTER OF a Pre-Hearing Conference (“PHC”) held pursuant to Rule 29 of the Tribunal’s Rules of Procedure.

BETWEEN:

Sweda Farms Ltd. Appellant

– and –

Egg Farmers of Ontario Respondent

– and –

Ontario Farm Products Marketing Commission Participant

Norman Bourdeau, Agent

Geoffrey P. Spurr, counsel for the Respondent Kirk Andrews, counsel for the Participant

HEARD: February 28, 2022, by video conference

Before: Glenn C. Walker, Chair; Judy Dirksen, Member; and, Steve Moutsatsos, Vice-Chair

Appearances:

Geoffrey P. Spurr, Counsel for the Respondent

Norman Boudreau, Agent for the Appellant

TRIBUNAL ORDER

1On February 28, 2022, a PHC continuation was held by video conference to receive oral submissions by Egg Farmers of Ontario and Sweda Farms Ltd. with respect to the jurisdiction of the Tribunal and whether this appeal should be dismissed before a hearing.

2For reasons to follow, the appeal is dismissed.

3Counsel for the respondent requested costs of the proceeding in the event that the appeal was dismissed.

4Egg Farmers of Ontario shall serve and file its written submissions concerning its claim for costs on or before March 11, 2022. Sweda Farms Ltd. shall serve and file its responding written submissions on or before March 21, 2022. Egg Farmers of Ontario shall serve and file any submissions by way of reply on or before March 25, 2022.

5The decision on costs will be incorporated into the final decision of the Tribunal.

6The date set for preliminary motions on March 22, 2022 is vacated.