Type: Decision
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Preliminary decision: Ofiesh, Elving, and Knapp v. Beckwith Holdings Ltd.
Complaint related to noise from propane cannons used for bird control on a blueberry farm in Saanich. Complaints dismissed as frivolous and vexatious against certain respondents, but will proceed against Beckwith Holdings Ltd.
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Decision: Northern Interior Dairyman’s Association and Mainland Dairymen’s Association v. British Columbia Milk Marketing Board
Appeal of BCMMB’s decision to impose new freight rates on provincial milk producers. Northern Interior Dairyman’s Association challenged the rates as unfair and advocated for a total pooling system. The decision was related to the implementation of freight charges and pooling systems.
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Decision summary: Reid and Olera Farms v. British Columbia Egg Marketing Board
Summary of appeal of BCEMB’s decision to enforce and collect levies and marketing licence fees. The appellants challenged the inclusion of certified organic eggs under the Egg Scheme and the enforcement of fees for production prior to December 2000.
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Geertsma v. Farm Practices Board, 2006 BCSC 1700
This Supreme Court of BC decision dismissed an appeal by a neighbour who challenged a BCFIRB ruling about odour, noise, dust, and flooding from a poultry farm. The court upheld the Board’s authority to order modifications of certain farm practices, finding its decision was not patently unreasonable.
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Decision summary: Reid and Olera Farms v. British Columbia Egg Marketing Board
Appeal of BCEMB’s decision to enforce and collect levies and marketing licence fees. The appellants challenged the inclusion of certified organic eggs under the Egg Scheme and the enforcement of fees for production prior to December 2000.
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Decision: O’Brennan v. British Columbia Egg Marketing Board
Appeal of BCEMB’s decision to apply a 5% transfer assessment on quota offered on the quota exchange. O’Brennan contested the application of the assessment on his quota transfer initiated before the rule change. The decision was related to the implementation of a transfer assessment policy following BCFIRB’s directions.
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Preliminary decision: Neufeldt v. British Columbia Chicken Marketing Board
Preliminary matter on whether late-filed appeals regarding NEG quota location and additional quota entitlement could proceed.
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Decision summary: Hong d.b.a. Hong Lee Farms v. British Columbia Chicken Marketing Board
Summary of appeal of BCCMB’s decision to deny a specialty chicken production permit of 1500-birds/week. The appellant argued for grandfathering based on past production levels and market demand for “Buddhist” chicken. The decision was related to the New Entrant, Niche Market and Specialty Program regulations.
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Decision summary: Primary Poultry Processors Association of BC v. British Columbia Chicken Marketing Board
Summary of appeal of BCCMB’s decision to allow Rossdown to custom kill its own production and designation of product to a new entrant without consultation while BC allocation was below processor requests.
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Decision: Naturally Homegrown Foods Ltd. v. British Columbia Vegetable Marketing Commission
Appeal of BCVMC’s decision to deny a reduction in the 2013 processor license fee. Naturally Homegrown Foods Ltd. argued the fee was unreasonable and sought a lower fee based on their scale and volume. The decision was related to the VMC’s policy on processor license fees.
