Agriculture, Food and Rural Affairs Appeal Tribunal decision on Ontario Pork now available

Earlier today, I posted a link to the Better Farming article on a recent appeal tribunal decision regarding Ontario Pork and marketing boards in Ontario. The decision is now available on-line at: http://www.omafra.gov.on.ca/english/tribunal/ofpmc-160210-dec.htm

Ontario Pork recovers its marketing powers

Better Farming is reporting that the Ontario Agriculture, Food and Rural Affairs Tribunal has reinstated Ontario Regulation 419, which required producers to sell hogs through a marketing board and required the board to review all buy and sell contracts between producers and processors. The Ontario Farm Products Marketing Commission had stripped these powers from Ontario Pork in 2008.

Read the Better Farming story at:
http://www.betterfarming.com/online-news/ontario-pork-gets-marketing-powers-back-2754

As soon as I can locate the Tribunal decision, I'll post it.

R. v. Schmidt Unpasteurized Milk Decision now posted online

The decision of the Ontario Court of Justice last week acquitting Ontario farmer Michael Schmidt of all charges relating to the sale of unpasteurized milk is now available online at:
http://www.canlii.org/en/on/oncj/doc/2010/2010oncj9/2010oncj9.html
(Schmidt himself had posted a copy of the decision on his website, but the file size of this publicly available copy is much smaller)

You might find His Worship Kowarsky's comments at the very end of the decision (paragraphs 185 and 186) of particular interest. He makes a point of explaining what his decision does not do: it does make it legal to market unpasteurized milk; it does not invalidate Ontario's milk marketing legislation, etc.

Summary Judgment granted for failure to deliver on marketing contract

The Saskatchewan Court of Queen's Bench granted summary judgment in favour of Walker Seeds Ltd. after the defendant, Jacob Enterprises Ltd., failed to deliver fully on a marketing agreement for desi chickpeas. The agreement provided that Jacob would deliver to Walker all chickpeas growns on 660 acres of land in 2006, save that Jacob could retain 95 pounds net per acre for seed. There was a dispute between the parties as to how much Jacob actually harvested in 2006. The contract provided for a base production amount of 13,200 bushels, and the Court found that Jacob had exceeded this production, although he delivered only 8,258 bushels to Walker. The Court granted judgment to Walker for the difference owing of 4,942 bushels at 60 pounds per bushel (296,520 pounds) times $6.25 per bushel, or $18,532.50.

A counterclaim by Jacob Enterprises for severe emotional distress caused by an alleged failure by Walker to pay for delivered chickpeas in a timely fashion and failure to provide receipts for grain was dismissed. The Court noted the difficulty it had in accepting a claim by the corporation for the emotional distress of its shareholder.

Walker Seeds Ltd. v. Jacob Enterprises Ltd. 2009 SKQB 482
http://www.canlii.org/en/sk/skqb/doc/2009/2009skqb482/2009skqb482.html