Part of an appeal launched by Henry Bos against a decision of the Chicken Farmers of Ontario (CFO) has been dismissed by the Agriculture, Food and Rural Affairs Tribunal on a preliminary motion by the CFO. The Bos appeal is described in a previous post on this blog.
The CFO based its preliminary challenge of the appeal of 2005 policies on three grounds:
1.The appellant has known of the 2005 policies for more than a year and the Tribunal should therefore exercise its discretion to refuse to hear the appeal under subsection 16(4) of the MAFRAA.
2.The appellant is not aggrieved by the 2005 policies within the meaning of subsection 16(2) of the MAFRAA.
3.The appeal of the 2005 policies is vexatious within the meaning of subsection 16(4)(b) of the MAFRAA.In allowing the motion, the Tribunal concluded that the following factors combined to militate against permitting Mr. Bos to continue with this appeal of the 2005 policies:
- the fact that CFO developed the 2005 policies in a negotiated process directed by the Commission and involving the regulator representing producers (CFO) and the processors (OIPP and AOCP)
- producers and processors alike have ordered their business affairs based on the 2005 policies and have operated under that system for the past four years
- the fact that at least four years have passed since CFO enacted the 2005 policies
- the fact that Mr. Bos did not appeal the 2005 policies before the introduction of the 2009 policies suggests that his real complaint lies with the 2009 policies and not the 2005 policies
- the prospect of a fundamental change in the processor allocation system after sixteen years of some form of assurance of supply