TORONTO – Allison Webster, lawyer for L.H. Gray and Son
Ltd., sought court approval here today to gain what amounts to a separate trial
on the issue of whether the company included eggs that do not qualify in
cartons marked Grade A.
She contends that the company never did include cracked or
dirty eggs in what it sold as Grade A product.
Whistleblower Norman Bourdeau has alleged that electronic grading
records he took from the company indicate that Gray did precisely that, and
over an extended period of more than 10 years. Webster has gagged Bourdeau with court orders since he circulated his allegations.
While Webster wants a “summary judgement” on this issue, she
is also fighting to keep Gray’s grading records out of court.
It’s difficult to understand how the court could decide Gray’s
guilt or innocence without having those records.
They are, contends lawyer Donald Good, acting for Sweda
Farms Ltd. and Best Choice Eggs, at the heart of a lawsuit accusing Gray,
Burnbrae Farms Ltd. and the Ontario egg board of conspiring to drive Best Choice
out of the egg-grading business.
At this stage, Webster has only requested a “summary
judgement” on the issue.
It will probably take weeks, if not months, for the
court to decide whether to grant a hearing on that separate issue.
Webster also sought to delay the next court date to deal
with Good’s motions to get at the egg-grading data. That hearing has been set
for Oct. 25 and 26.
Today's hearing was added to the court docket long after the official docket was posted, meaning that it was difficult for the public to find where it was held.
