2017 Harvest

2017 Harvest

Monday, June 28, 2010

Quebec poultry producer's appeal of quota penalties goes to Court of Appeal

Ferme Avicole Rodier Bombardier Inc. and Rock Bombardier are taking their appeal of quota penalties imposed by the "Éleveurs de volailles du Québec" (the poultry marketing board in Quebec) to the Quebec Court of Appeal.  Bombardier was charged penalties for having exceeded chicken quota production levels by producing chickens for export from Quebec without a purchase contract in place.  In other words, with no contract in place, all of the production was counted against the quota and resulted in over-production in the eyes of the marketing board.

Bombardier contested the allegations on the basis that there was an export contract in place with a company called Volaille Giannone Inc.  Before the marketing tribunal in Quebec, Bombardier sought to have Giannone added to the case (interpleaded) to exercise a "recourse in warranty" against Giannone.  The Tribunal rejected this request and rejected a request by Bombardier to have the penalties dismissed on the basis that they were imposed outside of the applicable limitation period.  Bombardier argued that the penalty imposed falls under the authority of the Penal Code of Procedure in Quebec (rather than the Civil Code of Procedure) so that the limitation period is one year.

Bombardier then asked the Quebec Superior Court to undertake a judicial review of the Tribunal decision and overturn it.  The Superior Court rejected this application.  Bombardier then went and obtained leave to appeal that decision from the Court of Appeal.  Bombardier's appeal was being heard June 9, 2010 before the Quebec Court of Appeal (coincidentally, the day before Guy Lafleur's appeal on a charge of perjury was to be heard in the same courtroom).

Read the Tribunal decision rejecting the request to add Giannone as a party at: Ferme avicole Rodier Bombardier inc. (French-language only).

Read the original Quebec Superior Court decision dismissing the application for judicial review at: Bombardier c. Régie des marchés agricoles et alimentaires du Québec (French-language only).