Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West
Agriculture, Alimentation et Affaires Rurales Tribunal d’appel 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:
Ronald Van Loon and Sandy Lane Farms Inc. v Dairy Farmers of Ontario (RE) [PRODUCTION MOTION DECISION]
Ronald Van Loon and Sandy Lane Farms Inc. v Dairy Farmers of Ontario (RE) [PRODUCTION MOTION DECISION] 2024 ONAFRAAT 01
STATUTE:
Ministry of Agriculture, Food and Rural Affairs Act
HEARING:
January 12, 2024
DATE OF DECISION:
February 1, 2024
006VanLoon23
NEUTRAL CITATION:
2024 ONAFRAAT 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 Ronald Van Loon and Sandy Lane Farms Inc. regarding a decision of the Dairy Farmers of Ontario dated July 28, 2023.
AND IN THE MATTER OF a Motion held pursuant to Rule 30 of the Tribunal’s Rules of Procedure.
BETWEEN:
Ronald Van Loon and Sandy Lane Farms Inc. Appellants
– and –
Dairy Farmers of Ontario Respondent
Self-Represented
Represented by Geoffrey P. Spurr
Heard In Writing
Before: Glenn C. Walker, Chair
MOTION DECISION
BACKGROUND
1The Appellants have brought a motion for production of documents dated December 29, 2023, pursuant to Rule 30 of the Tribunal’s Rules of Procedure. The motion was returnable on January 12, 2024.
2At the same time as this motion was returnable, a motion brought by the Respondent for the dismissal of all issues raised in the Appellants’ Amended Notice of Appeal was also returnable.
3As the Respondent’s motion decision would affect the scope of the Appellants’ motion, the motion for production was adjourned on consent without a date.
4The decision with respect to the dismissal motion is being released contemporaneously with this decision. It dismissed Issues One and Four in the Amended Notice of Appeal and leaves Issues Two and Three to proceed to a hearing.
5The documents filed in the production motion in accordance with the Pre-Hearing Conference Order of December 13, 2023 consist of the Notice of Motion from the Appellants and a Motion Record and a Case Brief from the Respondent.
6In the interests of expediency, I believe that this production motion can be dealt with in writing as in view of my findings, oral submissions are not likely to be of assistance to the Tribunal.
DISCUSSION AND ANALYSIS
7The Notice of Motion consists of simply a list of 6 documents or types of documents that the Appellants wish to have DFO provide to them.
8The Appellants have provided no affidavit evidence, as required by Rule 30.03(v), to provide the Tribunal with any factual context to enable it to determine the relevancy of the documentation requested to the remaining issues before the Tribunal.
CONCLUSION AND ORDER
9On that basis alone the motion should be dismissed but because the Appellants are self-represented it is dismissed without prejudice to the Appellants bringing a new motion for production in compliance with Rule 30.
10If a new motion is brought, it shall be heard in writing with the Appellants’ Motion Record to be served and filed on or before February 9, 2024, the Respondent’s Motion Record on or before February 16, 2024, and reply, if any, on or before February 22, 2024.