Robert Shapiro

Integrated Farming Ltd. (IFL), a joint venture between a tomato processor and a farming enterprise, appealed a decision by the Ontario Processing Vegetable Growers denying it a licence to produce and market tomatoes for processing.

The Board had refused the licence on the basis that the joint venture was an arrangement designed to circumvent pricing restrictions and achieve a lower price for tomatoes.

The Tribunal found that the joint venture had legitimate business purposes, including supply chain control and product differentiation, and that the Board failed to prove the arrangement was solely to circumvent pricing.

The Tribunal ordered the Board to issue the producer licence to IFL.

The appellant, a dairy farmer, appealed a decision by the Dairy Farmers of Ontario denying his request to transfer his remaining milk quota to his family's adjacent dairy farm corporation.

The appellant sought an exemption from DFO policy to allow the transfer and merger of the quota due to financial difficulties.

The Tribunal found that an exemption was warranted for the portion of the quota originally transferred from the father to the son in 1994, as there was a verbal agreement for its return.

However, the Tribunal dismissed the appeal regarding the remaining quota purchased independently by the appellant, finding no unique circumstances to justify an exemption from the current DFO policy.

The appellant, a chicken producer, experienced high bird mortality due to extreme weather conditions, resulting in an undermarketing of 12,783 kgs. of chicken.

Under the Chicken Farmers of Ontario's Quota Policy 170-2005, he was permitted to re-grow up to 10% of his quota allocation (6,684 kgs.).

He appealed to the Agriculture, Food and Rural Affairs Appeal Tribunal seeking relief to re-grow the remaining 6,099 kgs.

The Tribunal dismissed the appeal, finding that the undermarketing policy was a fault-free entitlement designed to address factors like weather, and that the appellant failed to demonstrate that the weather event was truly unique and exceptional to warrant an exemption beyond the policy.

Seven generic drug manufacturers sought judicial review of a decision by the Executive Officer of the Ontario Public Drug Programs to designate Apotex's product, Apo-Lisinopril, as a benefit under the Ontario Drug Benefit Formulary.

The applicants argued that Apotex could not meet the supply pre-condition at the time of its application due to a patent injunction.

The Divisional Court dismissed the application, finding that the Executive Officer correctly interpreted the regulations to require a prospective assessment of the manufacturer's capability to supply the product to meet anticipated demand, rather than requiring sufficient inventory on hand at the moment of application.

The applicants sought leave to bring an application for judicial review before a single judge of the Superior Court pursuant to s. 6(2) of the Judicial Review Procedure Act, arguing urgency.

The matter concerned the proposed designation of Apotex Inc.'s version of Lisinopril as a benefit under the Ontario Drug Benefit Act.

The respondent Minister opposed the application, arguing the urgency was self-created and economic loss was insufficient.

The court granted leave, finding the potential economic loss significant and the applicants' prior inaction not fatal.

In a pre-hearing motion regarding an appeal of a service fee increase by the Ontario Pork Producers' Marketing Board, the Tribunal addressed several procedural requests.

The Tribunal consolidated the appeals of three additional parties with the initial appellants on consent.

It granted the respondent's request for a restricted access order for specific documents, allowing access only to designated representatives upon signing an undertaking.

The Tribunal dismissed the appellants' request for an affidavit of document disclosure and the respondent's request for further particulars.

Finally, the Tribunal granted a short adjournment of the hearing by one week.

The Ontario Pork Producers' Marketing Board (OPPMB) brought a motion to lift an automatic stay on its decision to increase the service charge on hogs by $0.80 per hog.

The appellants, Elite Swine Inc. and Cold Springs Farm Ltd., had appealed the OPPMB's decision not to rescind the increase.

The Tribunal found that the OPPMB's decision was an exercise of a statutory power of decision, triggering an automatic stay under the Statutory Powers Procedure Act.

The Tribunal dismissed the OPPMB's motion to lift the stay, finding that the OPPMB failed to demonstrate it would suffer irreparable harm if the stay remained in place pending the appeal.

The appellant appealed a pricing order by the respondent marketing board that increased the price of live turkeys.

The appellant argued for a smaller price increase due to weak market conditions and lower processor margins.

The respondent justified the larger increase based on higher feed costs incurred by producers.

The Tribunal dismissed the appeal, finding that the increase in feed costs warranted the respondent's price increases and that the timing of the increase during the festive season would allow processors to pass costs onto customers.