OAFRAAT 2024

The appellants, licensed milk producers, appealed a decision of the Dairy Farmers of Ontario (DFO) denying their requests for relief following an altercation with a milk transport driver.

The DFO brought a motion to dismiss the appeal.

The Tribunal found it lacked jurisdiction to hear the appellants' harassment complaint against the driver and transport company, as well as their claim for monetary compensation for dumped milk.

However, the Tribunal declined to dismiss the appellants' requests to permanently remove the driver from their route and to replace the transport company, finding an insufficient evidentiary record to determine if those issues were moot or trivial.

The motion was granted in part, with two issues proceeding to a full hearing.

The self-represented appellants brought a motion for the production of documents.

The Tribunal dismissed the motion because the appellants failed to provide affidavit evidence, as required by Rule 30.03(v) of the Tribunal's Rules of Procedure, to establish the factual context and relevancy of the requested documents.

The dismissal was without prejudice, allowing the appellants to bring a new motion in compliance with the rules.