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
Jacqueline and Claudio Rocca V Doris and Roy Bayer
2022 ONNFPPB 06
2022-01-14
004Rocca19
STATUTE:
Farming and Food Production Protection Act, 1998
HEARING:
BETWEEN:
Jacqueline and Claudio Rocca – Applicants
and
Doris and Roy Baye – Respondents
IN THE MATTER OF the Farming and Food Production Protection Act, 1998
AND IN THE MATTER OF an application to the Board, under Section 5 of the Farming and Food Production Protection Act, 1998, for a determination as to whether disturbances are as a result of normal farm practices
AND IN THE MATTER OF an electronic hearing to be held pursuant to the Hearings in Tribunal Proceedings (Temporary Measures) Act, 2020
BETWEEN:
Jacqueline and Claudio Rocca Applicants
– and –
Doris and Roy Bayer Respondents
Self-represented
Represented by Devan J. Munch
ORDER OF THE BOARD
1On or before Friday, April 15, 2022, each party shall supply to the Board the names and email addresses of all parties, counsel, persons instructing parties and witnesses participating in the hearing.
2The Zoom application will be used to conduct the video conference hearing. Participants may also use their browser to connect to the Zoom meeting.
3A Pre-Hearing Conference on Zoom involving all parties, counsel, persons instructing parties and witnesses (if possible) shall take place prior to the hearing to explore the issues, to deal with any issues of disclosure and to ensure that all persons have the proper technology and bandwidth to conduct a video conference hearing. As an alternative, participants can connect directly to ethernet if the Wifi signal is not strong and ensure that all other applications, email and notifications are closed and that other connections to the Wifi are disconnected during the hearing.
4The Board reserves the right to cancel the video conference hearing if it determines that such a hearing cannot take place successfully.
5Parties are responsible for contacting their witnesses and informing them that they must join the Zoom meeting at the time directed by the Tribunal to give their evidence. If a witness does not join the meeting when instructed, the hearing will proceed without hearing from that witness.
6Parties are responsible to provide each of their witnesses with a copy of this Order prior to the hearing.
7Participants will need a device equipped with a webcam and a microphone and access to a reliable internet connection with adequate bandwidth. The device should always be plugged in to ensure that the battery does not run low.
8A smartphone shall only be used at the discretion of the panel. The use of a smartphone is discouraged due to potential disruptions (incoming calls and messages) and the risk of running out of battery.
9At the start of the proceeding you will identify any other persons present at your location. Depending on the circumstances, the Board may require those other persons to leave the room during the proceeding.
10You are not permitted to record the proceeding unless given prior authorization by the Board in accordance with the Rules of Procedure.
11The Board may record the proceeding, in its discretion, for the use of the panel as part of their bench notes.
12During the proceeding, you must keep the video function on and you must remain on camera.
13The microphone function should be muted unless you are making an argument or submission, questioning a witness or giving testimony.
14You have an ongoing obligation to advise the Board if you are joined by anyone else during the proceeding.
15Prior to giving testimony, each witness shall certify to the Board orally that he or she is alone in the room and that they not relying on any undisclosed documents (such as notes). Witnesses are not permitted to testify with others present in the room or to use undisclosed documents such as notes without the prior approval of the Board.
16Witnesses will be sworn in or affirmed, whichever binds his or her conscience, before testifying. If a witness prefers to swear an oath to tell the truth, he or she must have a Bible, holy book or an oath-taking article (such as an eagle feather) with him or her.
17Witnesses should have all documents which they have disclosed or which have been disclosed to them before them when giving their testimony.
18In this matter all documents shall be served and filed in a digital format either as a PDF file or on a memory stick. All documents may be served and filed by email without the consent of the recipient of the email or by courier in the case of a memory stick. All documents to be filed with the Board by email shall be sent by email to the Board Secretary at Rebecca.Moffat-Vallee@ontario.ca and to NFPPB@ontario.ca. No individual email may be larger than 10MB.
19Documents should be sent as individual attachments to the email (for example, an affidavit and each of its exhibits should be sent as separate PDF files, each one clearly named to identify it (i.e. “Affidavit of John Doe”, “Exhibit C to the Affidavit of John Doe”) preferably with each page numbered sequentially.
20All photographs shall be submitted as individual files with each photograph numbered sequentially in the file name.
21An index shall accompany all documents being provided to the Board by email or memory stick to ensure that all digital files have been received.
22Books of Authorities are not to be filed. Instead, parties shall, where possible, provide hyperlinks to the version of cases cited in written submissions.
23Parties may file a Brief of Case References that includes single pages or brief portions of cited cases; where this is done, the title of the case and headnote (where applicable) should be provided for context.
24If other documents come to the attention of the parties after the dates set out in the Notice of Electronic Hearing or Pre-Hearing Conference Order for delivery of documents, they must be served and filed with the Board by email at least five business days before the date of the hearing and their use in the proceeding will be at the discretion of the Board.
25If you wish to make an objection during the proceeding, you must use the “Raise Your Hand” feature as outlined in the Zoom User Guide, turn your microphone on and indicate that you wish to make an objection. Wait for the Board to ask for your objection and then state your objection.
26The public may view the proceedings on Zoom. Those members of the public who wish to attend should contact the Board for instructions.
27If a participant in the hearing loses his or her connection, that person shall contact the Board Secretary immediately to receive instructions as to how to rejoin the hearing.
Dated at Chatham, Ontario this 14th day of January, 2022.