Normal Farm Practices Protection Board 1 Stone Road West, 2nd 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, 2e étage Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Courriel: NFPPB@ontario.ca

Albuna Farms Inc. vs The Corporation of the Municipality of Leamington vs Ontario Greenhouse Vegetable Growers 2021 ONNFPPB 20

DATE OF DECISION:

2021-06-08

010Albuna21

STATUTE:

Farming and Food Production Protection Act, 1998

HEARING:

BETWEEN:

Albuna Farms Inc. – Applicants

and

The Corporation of the Municipality of Leamington—Respondents

and

Ontario Greenhouse Vegetable Growers – Third Party

FILE NO.: 010Albuna21

DATE: 2021/06/08

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.

AND IN THE MATTER OF a Pre-Hearing Conference held pursuant to Rules 23 to 27 of the Board’s Rules of Procedure.

BETWEEN:

Albuna Farms Inc. 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

HEARD: June 7, 2021 via Video Conference

Before:

Glenn C. Walker, Chair

Appearances:

Sam Rogers, counsel for the Applicant Matthew Todd, counsel for the Respondent G. Edward Oldfield, counsel for the Third Party

PRE-HEARING CONFERENCE order

1A Pre-Hearing Conference in this matter was held on June 7, 2021, jointly with Pre-Hearing Conferences in the following matters: Great Lakes Greenhouses Inc. v. The Corporation of the Municipality of Leamington; AMCO Farms Inc. v. The Corporation of the Municipality of Leamington; Pure Flavor Farms Inc. v. The Corporation of the Municipality of Leamington; Nature Fresh 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.

2After discussion with counsel, there was consensus that this matter and the six other applications listed in paragraph one shall be heard at the same time.

3The Board orders that:

4On consent, the Ontario Greenhouse Vegetable Growers is added as a Third Party to this application.

5On consent, pursuant to Subsection 9.1 (1) (b) of the Statutory Powers Procedure Act, the application of Albuna Farms Inc. v. The Corporation of the Municipality of Leamington be heard at the same time as 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; Nature Fresh 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.

6The hearings of all seven 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.

7The 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.

8Counsel for all parties shall jointly develop a plan for disclosure on or before June 18, 2021.

9Counsel 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.

10Any additional Applications received by the Board naming The Corporation of the Municipality of Leamington as a Respondent, concerning By-law Number 79-20, may have Ontario Greenhouse Vegetable Growers added as a Third Party and may be added to this order to be heard at the same time as the present seven applications upon the consent of all parties being received by the Board in writing.