2023 ONAFRAAT 20
IN THE MATTER OF the Farm Registration and Farm Organizations Funding Act, 1993, S.O. 1993, c.21 (the”Act”)
AND IN THE MATTER OF an application by Claudio P. Rossi pursuant to Subsection 22(1) of the Act for an exemption.
AND IN THE MATTER OF Rule 33.01 of the Tribunal’s Rules of Procedure.
Before:
Robert Fuller, Vice-Chair, Judy Dirksen, Member and Betty Ann MacKinnon, Member
DECISION OF THE TRIBUNAL
background
- Claudio P. Rossie (the “Applicant”) made application to the Agriculture, Food and Rural Affairs Appeal Tribunal (the “Tribunal”) pursuant to Subsection 22(1) of the Farm Registration and Farm Organizations Funding Act, 1993 S.O. 1993, c.21 (the “Act”) dated May 12, 2023 seeking a religious exemption for registration and payment of the prescribed amount under the Act.
Farm Registration and Farm Organizations Funding Act
The Act provides in subsection 22(1) a specific waiver of the requirement of an individual to obtain a farming business registration number or to make the payment to an accredited farm organization because of his or her religious conviction or belief.
Section 22(5)(b) of the Act requires the Tribunal to hold a hearing before making an order in an application if the Tribunal is not satisfied without holding a hearing that the applicant is entitled to the order applied for.
RULE 33.01
This rule provides that the Tribunal may dismiss an appeal (which includes an application or a complaint) on its own motion without a hearing on the basis that the application is frivolous, vexatious or commenced in bad faith.
By way of a Notice of Possible Dismissal Under Rule 33.01, dated October 24, 2023 (the “Notice”), the Tribunal sought written submissions from the applicant with respect to the Tribunal’s attempt to schedule a Pre-Hearing Conference.
ANALYSIS
The Applicant was contacted several times by the Tribunal in an attempt to schedule a Pre-Hearing Conference. The Applicant has not responded to the Tribunal’s communications in this regard since July 31, 2023.
The Applicant did not provide any written submissions to the Tribunal on or before November 30, 2023 as set out in the Notice and has not otherwise communicated with the Tribunal.
The Applicant has not satisfied the requirements of the Tribunal for his matter to proceed.
ORDER
the application of the Applicant is dismissed.
any party may appeal the decision of the Tribunal on a question of law to the Divisional Court of the Superior Court of Justice in accordance with its rules of practice within 15 days from the day on which the decision was served.
Robert Fuller, Vice-Chair
Agriculture, Food and Rural Affairs Appeal Tribunal
Released: December 12, 2023