Ontario Pork Producers' Marketing Board v. Hunter

Ontario Pork Producers' Marketing Board v. Hunter

The Court upheld the trial judge's factual findings and credibility assessments: Hunter's reliance on longstanding practice, board documents and witness evidence justified allowing the barbecue and Quebec exemptions; the partially condemned hogs issue had been addressed by an ordered accounting and resulting...

Source-derived case information.

Citation
2012 ONCA 308
Parties
Plaintiff (appellant): Ontario Pork Producers' Marketing Board; Defendants (respondents): Roy Hunter, c.o.b. as Hunter's Dressed Meats and 566735 Ontario Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
14 May 2012
Procedural Posture
Civil / Appeal From Trial Judgment
Outcome
Appeal and cross‑appeal dismissed; costs awarded to respondent fixed at $5,000 inclusive
Legal Topics
Statutory Interpretation, Exemptions, Costs, Evidence, Accounting
Source Language
english
Administrative Law Regulatory Law Civil Procedure Agricultural Law Statutory Interpretation Exemptions Costs Evidence +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Ontario Pork Producers' Marketing Board

Plaintiff (appellant)

Roy Hunter, c.o.b. as Hunter's Dressed Meats and 566735 Ontario Inc.

Defendants (respondents)

Procedural Posture

Civil / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether Hunter's was entitled to 'barbecue/Chinese' hog exemption contrary to statutory weight definition
  2. 2 Whether Hunter's met its onus to prove hogs were produced outside Ontario (Quebec exemption)
  3. 3 Whether Hunter's was entitled to exemption for partially condemned hogs and whether trial judge erred in ordering an accounting

Ratio Decidendi

The Court upheld the trial judge's factual findings and credibility assessments: Hunter's reliance on longstanding practice, board documents and witness evidence justified allowing the barbecue and Quebec exemptions; the partially condemned hogs issue had been addressed by an ordered accounting and resulting judgment so could not be reopened on cross‑appeal; accordingly the appeal and cross‑appeal were dismissed and costs adjusted to reflect divided success.

Court Disposition

Appeal and cross‑appeal dismissed; costs awarded to respondent fixed at $5,000 inclusive

Orders

  • Appeal dismissed
  • Cross‑appeal dismissed