Robert Wilson

The appellants appealed a Small Claims Court order refusing to set aside the dismissal of their action for delay.

The action, based on a promissory note, was dismissed after the appellants failed to note the respondent in default and subsequently failed to attend a rescheduled motion.

The Divisional Court found no error in the Deputy Judge's application of the four-part contextual test, noting the appellants failed to adequately explain a 10.5-month delay in bringing the motion to set aside the dismissal.

The appeal was dismissed with costs.

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.

The appellant, Robert Meersseman, appealed a decision of the Farm Products Marketing Commission denying his request for a license to process vegetables in 1997.

The appellant had applied for a personal license after his company, Boneta Foods, was denied a license.

The Tribunal found that the appellant and Boneta Foods were indistinguishable for the purposes of obtaining a license, and that the personal application was an attempt to bypass the denial of the corporate license.

The appeal was dismissed.

The appellants, Boneta Foods and Robert Meersseman, appealed decisions denying them a processor licence and a producer licence for the 1997 crop year.

The Tribunal upheld the denial of the processor licence to Boneta Foods, finding a history of non-compliance with payment terms and poor financial management.

However, the Tribunal granted Mr. Meersseman a producer licence on the condition that he obtain a contract with a licensed processor, noting that late applications had been accommodated in the past.