Ontario Quota Rights Organization vs. Dairy Farmers of Ontario (Procedural Order)

In the matter of the Ministry of Agriculture, Food and Rural Affairs Act.

And in the matter of: an Appeal to the Agriculture, Food and Rural Affairs Appeal Tribunal (Tribunal) by the Ontario Quota Rights Organization, Jean-Marie Menard, of Embrun, Ontario, Jacques Lamarche, of Lefaivre, Ontario, and Doyle Harrigan, of Curran, Ontario (OQRO, et al.), of a decision of the Dairy Farmers of Ontario (DFO), to deny their request for reconsideration of the DFO quota policy of March 2009;

And in the matter of: a Pre-Hearing Conference pursuant to Rule 24 of the Tribunal's Rules of Procedure, to be held for the purposes of determining:

1. identification of parties and other interested persons and the scope of their participation in the hearing;
2. issues related to disclosure and the exchange of information;
3. identification and simplification of issues;
4. identification of other preliminary motions to be undertaken;
5. procedural issues including the dates by which any steps in the proceeding are to be taken or begun and the date on which the hearing will begin;
6. identification of facts or evidence that may be agreed upon;
7. settlement of any or all of the issues in dispute;
8. the possibility of obtaining admissions which may facilitate the hearing;
9. the estimated duration of the hearing; and
10. any other matters which may assist in the just and most expeditious disposition of the appeal.

Before:
Frank Handy, Vice Chair

Appearances:
Donald Good, counsel to the appellants, OQRO, et al.
Doyle Harrigan, appellant
Jean-Marie Menard, appellant
Geoffrey Spurr, counsel to the respondent, DFO
George MacNaughton, representative of the respondent

Procedural Order of the Tribunal

This Pre-Hearing Conference was heard in the Tribunal Boardroom, in Guelph, Ontario, on Monday, July 20, 2009.

The Findings

The Tribunal finds that, with respect to:

1. identification of parties and other interested persons and the scope of their participation in the hearing;
   1. All of the appellants noted in the Notice of Appeal are seeking the same relief, and the individual named appellants will include the presentation of their appeal as part of the OQRO evidence.
   2. only those members of OQRO who are active dairy farmers at or after the implementation of the March 2009 policy of the DFO are entitled to any relief sought by way of the appeal.
2. issues related to disclosure and the exchange of information;
   1. DFO served the OQRO, et al. with copies of material required pursuant to section 16(7) of the Ministry of Agriculture, Food and Rural Affairs Act (MAFRA Act).
   2. The OQRO will file with the Tribunal and provide to the DFO copies of its documents, including any expert report(s), by the 31st of August 2009.
   3. DFO will have 21 days following receipt of materials from OQRO to serve on the OQRO and file with the Tribunal its responding material.
3. identification and simplification of issues;
   1. the Notice of Appeal dated July 3, 2009 contains a comprehensive set of issues, which can be refined on consent of all parties up to the opening of the hearing and presented to the Tribunal at that time
4. identification of other preliminary motions to be undertaken;
   1. OQRO, et al.'s motion to adjourn of the hearing of the motion by the DFO was heard on July 20, 2009
5. procedural issues including the dates by which any steps in the proceeding are to be taken or begun and the date on which the hearing will begin;
   1. The Tribunal's administration will canvass the parties for a block of time and provide appropriate notice of the commencement date of the hearing.
   2. Should OQRO decide to lead evidence of producers, it will present such evidence through a representative producer on behalf of all producer appellants.
6. identification of facts or evidence that may be agreed upon;
   1. The parties will work to produce a common book of documents for the hearing of the appeal
7. settlement of any or all of the issues in dispute;
   1. The parties may in their own discretion at any time embark on settlement discussions.
8. the possibility of obtaining admissions which may facilitate the hearing;
   1. Submissions to this effect are addressed in other points herein
9. the estimated duration of the hearing; and
   1. i. 5 days will be set aside for the hearing of the appeal.
10. any other matters which may assist in the just and most expeditious disposition of the appeal.
    1. No submissions were made to this effect.
       

Order of the Tribunal

The Tribunal hereby Orders that, with respect to:

b. issues related to disclosure and the exchange of information;

1. By Monday, August 31, 2009, the OQRO, et al. will serve upon the DFO one (1) copy of all documents and materials of any kind whatsoever it intends to reference during the hearing of the appeal.
2. By Monday, August 31, 2009, the DFO will serve upon the OQRO one (1) copy of all documents of any kind whatsoever it intends to reference during the hearing of the appeal, that have not already been provided.
3. By Monday, August 31, 2009, the OQRO will file with the Tribunal five (5) copies, and serve upon the DFO one (1) copy of any expert report(s) and supporting material on which it intends to rely during the hearing of the appeal.
4. By Monday, September 21, 2009, the DFO will file with the Tribunal five (5) copies, and serve upon the OQRO one (1) copy of any expert report(s) and supporting material prepared in reply to OQRO material on which DFO intends to rely during the hearing of the appeal.
5. By Monday, September 21, 2009, the DFO will serve upon the OQRO one (1) copy of all documents of any kind whatsoever prepared or produced in reply to OQRO material on which DFO intends to rely during the hearing of the appeal.
6. The parties will endeavour to collaborate on the production of and file with the Tribunal at least 7 days prior to the commencement of the hearing five (5) copies of a common book of documents intended for reference during the hearing of the appeal.
7. If the parties cannot produce a common book of documents, each shall file with the Tribunal at least 7 days prior to the hearing five (5) copies of its own documents intended for reference at the hearing of the appeal.

d. identification of other preliminary motions to be undertaken;

1. DFO's motion to lift or partially lift the stay of the decision as a result of of the appeal by the OQRO, et al., which is in place pursuant to section 25(1) of the Statutory Powers Procedure Act and section 16(6) of the MAFRA Act will be heard in Guelph at 1:00 p.m. on July 27, 2009.
2. Counsel to the OQRO, et al. filed a motion regarding the adjournment of the hearing of the motion by the DFO, to a subsequent date. This motion was heard on July 20, 2009, and a decision rendered.

Dated at Guelph, Ontario this 20th day of July, 2009.