Industry: Vegetable
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Decision: BCFIRB re: BCFresh application to adduce evidence in Phase II
Decision on BCFresh’s application to cite new evidence regarding Prokam’s Delivery Allocation (DA) in Phase II of the “Allegations of Bad Faith” supervisory review.
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Letter: Lawson Lundell LLP to BCFIRB — Request for update on MPL BC agency designation prior approval process
Lawson Lundell LLP requests an update from BCFIRB on the next steps for the prior approval process and appeals related to the B.C. Vegetable Marketing Commission’s decision on MPL BC’s agency designation.
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Ruling: Ruling on recommendation of hearing counsel for next steps in phase 2
BCFIRB issues a ruling on the continuation of phase 2 of the supervisory review, accepting recommendations from hearing counsel regarding how to proceed.
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Letter: BCFIRB to Dentons Canada LLP — Hearing participation
BCFIRB responds to counsel for MPL BC regarding concerns about participants being allowed to make submissions after MPL has submitted its main reply submission. The panel found that there was no procedural unfairness, and MPL would have an opportunity to reply at the hearing.
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Letter: BCFIRB to Lawson Lundell LLP — MPL BC agency designation prior approval process
BCFIRB responds to counsel for Windset Farms (Canada) Ltd. and Greenhouse Grown Foods Inc., regarding the establishment of terms of reference for the prior approval process, and the need to address the impact of the ongoing allegations of bad faith and unlawful activity supervisory review.
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Letter: Lawson Lundell LLP to BCFIRB — MPL British Columbia Distributors Inc. agency designation prior approval process
Counsel for Windset Farms (Canada) Ltd. and Greenhouse Grown Foods Inc. requests that BCFIRB establish a procedure for the supervisory review process that ensures all interest holders can participate effectively and fairly in reviewing the B.C. Vegetable Marketing Commission’s decision.
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Decision: Allegations of bad faith and unlawful activity supervisory review
BCFIRB provides its decisions and reasons in the supervisory review of allegations of bad faith and unlawful activity in the B.C. Vegetable Marketing Commission. The panel concluded that the claims were largely speculative and unsubstantiated. BCFIRB rescinded its interim orders and directed hearing counsel to provide further submissions on next steps.
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Letter: Dentons Canada LLP to BCFIRB — Concerns regarding MPL BC agency designation prior approval process and timeline
Counsel for MPL BC expresses concerns to BCFIRB about delays in the approval process for MPL’s agency designation and the relevance of the allegations of bad faith and unlawful activity supervisory review to the current application.
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Letter: BCFIRB to hearing counsel — Phase 2 hearing counsel investigation submission deadline
BCFIRB directs participants to submit responses to the investigation materials by August 25, 2023, following hearing counsel’s recommendation.
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Ruling: Phase 2 hearing counsel investigation recommendation
BCFIRB supports hearing counsel’s recommendation to investigate Prokam Enterprises Ltd.’s relationship with its current designated agent, Okanagan Grown Produce Ltd., and how Prokam might or could market its regulated storage crop, and invites further written submissions from parties.