Love, Logic, Compassion Farms Inc. v. The Town of Caledon, 2023 ONNFPPB 4

Normal Farm Practices Protection Board / Commission de protection des pratiques agricoles normales

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

1 Stone Road West Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433 Téléc.: (519) 826-4232 Courriel: NFPPB@ontario.ca

2023 ONNFPPB04

FILE NO.: 003LLC22

DATE: 2023/10/27

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 (the “Board”) under Section 6 of the Farming and Food Production Protection Act, 1998 (the “Act”) for a determination as to whether normal farm practices are restricted by a by-law.

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

BETWEEN:

Love, Logic, Compassion Farms Inc., Applicants

– and –

The Town of Caledon Respondent

Unrepresented

Represented by Max Rubin

Heard: October 27, 2023 by video conference

Before: Glenn C. Walker, Chair

Appearances: Anthony Sciarra Kelly Roldo Max Rubin, Counsel, Town of Caledon

PRE-HEARING CONFERENCE ORDER

1This Pre-Hearing Conference was held to consider the possibility of the application by Love, Logic, Compassion Farms Inc. (“LLC”) being dismissed without a hearing pursuant to Rule 8 of the Board’s Rules of Practice and Procedure.

Background

2Kelly Roldo, Richard Rameharitar, Emilia Sciarra, Angelo Sciarra and LLC made an application to the Board pursuant to Section 6 of the Act claiming that normal farm practices were being restricted by By-law 2021-36 of the Town of Caledon (“Caledon”).

3After a Pre-Hearing Conference before Member Fuller, it was determined that a jurisdiction hearing should be held. He also found that Kelly Roldo and Richard Rameharitar were officers of LLC and could continue to act on behalf of LLC. On consent they were removed as parties to the application in their personal capacity.

4On January 13, 2023, Anthony Sciarra advised the Board that he had acquired the common shares of Kelly Roldo and Richard Rameharitar in LLC becoming the owner of 90 percent of the common shares with his parents Emilia and Angelo Sciarra owning the remaining 10 percent. The Board accepted his evidence and found that he was now the person in control of LLC for the purpose of the jurisdiction hearing.

5The jurisdiction hearing was held on March 28, 2023. The Board rendered its decision on the jurisdiction issue on May 12, 2023, finding that it did have jurisdiction to proceed to a full hearing on the merits.

6Caledon appealed the Jurisdiction Decision to the Divisional Court on June 12, 2023.

7Subsequently, it appears that Caledon reached a settlement with the applicants, and it abandoned its appeal on September 25, 2023.

8Emilia Sciarra and Angelo Sciarra withdrew their application on September 22, 2023. No notice of withdrawal has been received from LLC despite repeated requests.

Position of the Parties

9The remaining parties are LLC and Caledon.

10There appears to be a dispute between Kelly Roldo and Richard Rameharitar and Anthony Sciarra with respect to who is in control of LLC.

11Kelly Roldo and Richard Rameharitar take the position that the transfer of the common shares in LLC to Anthony Sciarra is valid and that he and his parents are now the sole owners of LLC.

12Anthony Sciarra disagrees and contends that the transfer of the shares was not effective as it required the consent of Health Canada because LLC was the holder of a license from Health Canada to cultivate cannabis.

Analysis

13The dispute between Kelly Roldo and Richard Rameharitar and Anthony Sciarra concerning the transfer of the shares is not one that can or should be adjudicated by the Board. The fact is that neither side is prepared to make decisions on behalf of LLC.

14During the hearing, Anthony Sciarra and Kelly Roldo, on behalf of herself and Richard Rameharitar, stated that they did not wish to continue with a hearing on the merits of the application, and that neither was prepared to file with the Board notice of withdrawal of the application by LLC in writing.

15The fact that no one is prepared to commit to have this application move forward to a hearing on the merits leads to the reasonable conclusion that the application has been abandoned by LLC.

16After having given notice to the parties of the Board’s intention to consider dismissing the application without a hearing pursuant to Rule 8 of the Board’s Rules of Practice and Procedure and hearing the submissions of the parties, the Board finds that the application is seemingly abandoned and therefore frivolous.

Order

17The application is dismissed pursuant to Rule 8 of the Board’s Rules of Practice and Procedure.