Category: Regulated marketing appeal
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Preliminary decision summary: Reid d.b.a. Olera Farms v. British Columbia Egg Marketing Board
Summary on preliminary decision that addresses preliminary issues in an appeal against the BCEMB’s decision to enforce its Standing Order on marketing regulated products. The decision discusses the admissibility of evidence for statutory interpretation and the bias claim.
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Decision: Stewart v. British Columbia Milk Marketing Board
Appeal of BCMMB’s decision to retract quota under the Graduated Entry Program (GEP). The Stewarts argued compliance with GEP rules and sought to retain their quota until transitioning it to their own facility. The decision was related to the GEP Regularization process.
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Decision: Schwaerzle v. British Columbia Milk Marketing Board
Appeal of BCMMB’s decision to remove Schwaerzle from the Graduated Entry Program (GEP) wait list. Schwaerzle contested the removal, citing the regularization of GEP quota and his leasing arrangement as reasons. The decision was related to the GEP Rules and eligibility criteria.
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Decision: Shiell Farms Ltd. and Sunset Poultry Ltd. v. B.C. Chicken Marketing Board
BCFIRB denies appeals by Shiell Farms Ltd. and Sunset Poultry Ltd. against BCCMB’s imposition of over-production penalties for specific quota periods, emphasizing the importance of compliance with production tolerances under the supply management system.
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Decision: Schwuchow v. British Columbia Milk Marketing Board
Appeal of BCMMB’s decision to reallot GEP quotas. Schwuchow’s concern was about the investigation into DeGroot’s role as shipper of the quotas. The decision was related to the Graduated Entry Program Quota Allocation.
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Decision: Saputo Inc. v. British Columbia Milk Marketing Board
The appeal concerns Saputo Inc.’s request for a repeal of Section 5 of Schedule 6 of the BCMMB’s Consolidated Order and reimbursement of levies. The decision addresses whether the January 21, 2008 letter from BCMMB constitutes an appealable decision and the timeliness of the appeal filing.
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Decision: Running W Egg Farm Ltd. v. British Columbia Egg Marketing Board
Appeal of BCEMB’s decision to withhold payment for eggs delivered to the grader. Running W Egg Farm Ltd. contested the withholding of payment, arguing it was not responsible for the mould found on the eggs. The decision was related to BCEMB’s Consolidated Order.
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Decision: Saputo Inc. v. British Columbia Milk Marketing Board
Appeal of BCMMB’s amendment decision to implement a traditional allocation policy. Saputo Inc. challenges the amendment on grounds of contravention of commitments, improper links, invalid penalties, and discretionary powers. The decision was related to “Part VII – Allocation of Milk Supply Among Vendors” of the BCMMB Consolidated Order.
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Decision: Cross (d.b.a. Royal Columbian Poultry) v. B.C. Broiler Hatching Egg Commission
The B.C. Marketing Board issues a decision on an appeal regarding the BCBHEC’s payment to Western Hatchery Ltd. for breeder chicks, addressing authority and procedural fairness. The matter is referred back to the commission for reconsideration.
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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.