2492309 Ontario Limited v. The Corporation of the Municipality of Leamington, 2021 ONNFPPB 13

Normal Farm Practices Protection Board

1 Stone Road West, 2^nd Floor Guelph, Ontario N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: NFPPB@ontario.ca

Commission de protection des pratiques agricoles normales 1 Stone Road West, 2^e étage Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Courriel: NFPPB@ontario.ca

2492309 Ontario Limited vs The Corporation of the Municipality of Leamington vs Ontario Greenhouse Vegetable Growers 2021 ONNFPPB 13

DATE OF DECISION:

2021-07-18

015-2492309OntarioLtd21

STATUTE:

Farming and Food Production Protection Act, 1998

HEARING:

BETWEEN:

2492309 Ontario Limited – Applicants

and

The Corporation of the Municipality of Leamington—Respondents

and

Ontario Greenhouse Vegetable Growers – Third Party

FILE NO.: 015-2492309OntarioLtd21

DATE: 2021/06/18

IN THE MATTER OF the Farming and Food Production Protection Act, 1998

AND IN THE MATTER OF an application to the Normal Farm Practices Protection Board (“Board”) under Section 6 of the Farming and Food Production Protection Act, 1998 for a determination as to whether a municipal by-law is restricting a normal farm practice.

BETWEEN:

2492309 Ontario Limited Applicant

– and –

The Corporation of the Municipality of Leamington Respondent

– and –

Ontario Greenhouse Vegetable Growers Third Party

Represented by Sam Rogers

Represented by Matthew Todd Represented by G. Edward Oldfield

procedural order

1On consent, the Ontario Greenhouse Vegetable Growers is added as a Third Party to this application.

2On consent, pursuant to Subsection 9.1 (1) (b) of the Statutory Powers Procedure Act, the application of 2492309 Ontario Limited v. The Corporation of the Municipality of Leamington shall be heard at the same time as Via Verde Hydroponics Ltd. v. The Corporation of the Municipality of Leamington; Nature Fresh Farms Inc. v. The Corporation of the Municipality of Leamington; AMCO Farms Inc. v. The Corporation of the Municipality of Leamington; Great Lakes Greenhouses Inc. v. The Corporation of the Municipality of Leamington; Pure Flavor Farms Inc. v. The Corporation of the Municipality of Leamington; Albuna Farms Inc. v. The Corporation of the Municipality of Leamington; Vine Fresh Acres Ltd. v. The Corporation of the Municipality of Leamington and Protolight Farms Inc. v. The Corporation of the Municipality of Leamington.

3The hearings of all nine applications will take place on November 22, 23, 24, 25 and 26, 2021; November 29 and 30, 2021; December 1, 2 and 3, 2021; January 10, 11, 12, 13 and 14, 2022 and January 17, 18, 19, 20 and 21, 2022.

4The Respondent, The Corporation of the Municipality of Leamington, shall provide to the Board, on or before 4:00 pm, October 29, 2021, a mailing list of those owners of land that are entitled to notice under Section 6(9) 2 of the Act.

5Counsel for all parties shall jointly develop a plan for disclosure on or before June 30, 2021.

6Counsel for all parties shall jointly develop a plan for the order for calling evidence, the order for cross-examining witnesses and the order for final argument; said plan to be submitted to the Board for approval at least 30 days prior to the commencement of the hearing.