Type: Decision
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Preliminary decision: Ridgeway v. McLuckie
Complaint related to noise from barking dogs on a property with sheep in West Kelowna. Complaint dismissed as the respondent was not operating a farm business under the FPPA.
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Decision: Rossdown Farms Ltd. v. B.C. Chicken Marketing Board
BCFIRB dismisses Rossdown Farms Ltd.’s appeal seeking an exception from Part 8 of the BCCMB’s General Orders, which limits production for new entrant processors. The decision upholds BCCMB’s allocation policy, balancing industry interests and Rossdown’s vertical integration plans.
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Decision: Rempel v. British Columbia Egg Marketing Board
Appeal of BCEMB’s decision to deny conversion of an unregulated flock permit to quota and increase the quota to 1000 layers. Rempel’s request was based on compliance with rules and alleged representations by Egg Board members. The decision was related to BCEMB’s General Orders and unregulated flock policy.
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Decision: Ridge Mushroom Farm Inc. v. British Columbia Mushroom Marketing Board
Appeal of BCMB’s decision to grant agency designation to Ridge Mushroom Farm Inc. Ridge’s application was reviewed for compliance with BCMB guidelines, financial viability, and operational conditions.
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Decision summary: Korthuis d.b.a. Try Poultry Farms v. British Columbia Chicken Marketing Board
Summary of appeal of BCCMB’s decision to impose production penalties for unauthorized production. The BCCMB’s order required 381-day stand down.
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Decision summary: Primary Poultry Processors Association of BC v. British Columbia Chicken Marketing Board
Summary of appeal of BCCMB’s order directing four processors to purchase Rossdown Farm’s production during designated home weeks.
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Decision Summary: Van Herk v. British Columbia Milk Marketing Board
Summary of the appeal of BCMMB’s quota revocation decision to cancel the appellant’s quota and producer licence under the Graduated Entry Program. Central issues were whether the appellants were “actively engaged” in milk production and whether the Board’s process created procedural unfairness and bias concerns.
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Decision: Rainbow Poultry Ltd., Stam’s Egg & Poultry Ltd., and V&H Joint Venture v. British Columbia Chicken Marketing Board
Appeal of BCCMB’s practice of funding the BC Chicken Growers’ Association through levies collected from all chicken growers, including those who have withdrawn from the Association. The appellants argued that the funding was not in accordance with the Chicken Marketing Scheme and sought greater accountability and transparency in the funding process.
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Dismissal: Prokam Enterprises Ltd. v. British Columbia Vegetable Marketing Commission
Appeal of BCVMC’s decision to approve a delivery allocation transfer with conditions. Prokam Enterprises Ltd. challenged the requirement that the designated agency be BCfresh instead of Island Vegetable Cooperative Association. The appeal was withdrawn.
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Decision: Tri-Gro v Pyke, 2001 ONCA
Ontario Court of Appeal decision. Complaint related to odours from mushroom farm operations in Whitby. The issue was whether the odours constituted a nuisance and if the farm practices were protected under the Farm Practices Protection Act.