Wednesday, September 24, 2014

Three strikes and Black’s out

Glenn Black
Glenn Black has failed on his third and final attempt to persuade the Ontario Ministry of Agriculture, Food and Rural Affairs to consider his far-reaching appeal against the Chicken Farmers of Ontario marketing board, and more specifically its 300-bird limit on the number of birds people who own no quota can raise every year.

Black has shared the tribunal’s preliminary ruling, indicating that it still thinks his latest version seeking an appeal is trivial and/or frivolous and is vexacious in that he has no reasonable chance of getting the tribunal to do what he seeks.

The tribunal says, for example, that Black defied its instructions to stick to the one issue – the 300-bird limit – and cited a dozen additional issues in his most recent appeal.

Lawyer John O'Kane, writing for the tribunal, says it has no power to make decisions on those 12 items.

Black’s original appeal resulted in a hearing on May 14 when and where lawyer Geoff Spurr, representing the chicken board, argued the tribunal does not have jurisdiction over most of the issues Black raised.

The tribunal agreed with Spurr in a decision it issued May 21, but rather than dismissing the appeal, it offered Black an opportunity to amend his appeal.

Black did with a 98-page document. Spurr again served notice that he would object if a hearing went ahead. The tribunal jumped the gun and wrote to Black, rejecting his amended appeal and inviting him this time to provide arguments why its ruling is trivial, frivolous and/or vexatious.

In its current preliminary decision, it rejects Black’s arguments.

Black said, "I am disappointed by the tribunal's decision. 

“It appears the tribunal has strained the limits of justice to find some manner to dismiss the appeal. 

“Both the third and fourth versions of the appeal contained none of the material complained against by the tribunal, yet the tribunal refused to consider any of these revised versions."

The tribunal notes in its preliminary decision that Black has admitted that he is raising only one bird at a time and says “his appeal reflects a personal and political manifesto.”