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ARTICLE · 23 NOVEMBER 2015

Agricultural Law NetLetter - Friday, November 21, 2015 - Issue 336

Miller Thomson
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Sunwold Farms Ltd. ("Sunwold") applied for judicial review of a decision made by AgriCorp with respect to compensation payable to Sunwold under the AgriStability program.

CanadaReal Estate and Construction

** HIGHLIGHTS **

  • The Ontario Superior Court of Justice (Divisional Court) has dismissed the application for judicial review of an Ontario hog producer in a case which involved a decision by AgriCorp (which administers the AgriStability program in Ontario) concerning the amount of AgriStability benefits the producer was entitled to receive. The producer appealed AgriCorp's decision to the Ontario AgriStability Review Committee, which issued a non-binding recommendation to reverse AgriCorp's decision. AgriCorp did not follow the Review Committee's recommendation. The hog producer sought judicial review on the grounds of reasonable apprehension of bias because two AgriCorp staff members who argued AgriCorp's case before the Review Committee also participated in and made recommendations with respect to the question of whether AgriCorp should accept the Review Committee's recommendations. The Court dismissed the hog producer's application because the Court found that

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