COURT FILE NO.: 178/07
DATE: 20080220
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
ferrier, swinton and himel jj.
B E T W E E N:
AGRICORP
Applicant
- and -
LLOYD PRINS, WILMA PRINS and AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL
Respondents
Sara Blake, for the Applicant
No one appearing for the Respondents
HEARD at Toronto: February 20, 2008
SWINTON J.: (Orally)
[1] Whatever the standard of review, this decision must be set aside for the following reasons:
(i) The Tribunal failed to make necessary findings of fact as to whether the letter of April 12, 2005, was mailed by Agricorp and whether it was received by the Prins.
(ii) The Tribunal took into account irrelevant considerations, for example, that a literal interpretation of the deeming provisions would be manifestly unfair and unjust, as the demeanor of the Prins was credible and trustworthy.
[2] As in AgriCorp v. Leeds Belrock Farm Ltd., [2007] O.J. No. 1808 (Div. Ct.), this matter must be sent back to the Tribunal for a proper determination. The application for judicial review is granted, the Tribunal’s decision of January 30, 2007 is set aside and the matter is remitted to the Tribunal differently constituted.
SWINTON J.
FERRIER J.
HIMEL J.
Date of Reasons for Judgment: February 20, 2008
Date of Release: February 28, 2008
COURT FILE NO.: 178/07
DATE: 20080220
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
ferrier, swinton and himel jj.
B E T W E E N:
AGRICORP
Applicant
- and -
LLOYD PRINS, WILMA PRINS and AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL
Respondents
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: February 20, 2008
Date of Release: February 28, 2008