Lawyer Donald Good says he is preparing an application to
appeal an Ontario Court of Appeal decision to the Supreme Court of Canada.
The three appeal court justices recently declined to over-turn a
lower court decision that allowed Burnbrae to escape from Sweda’s claims that
it conspired with L.H. Gray and Son Ltd. and the Ontario egg marketing board to
drive Sweda out of the egg-grading business.
Svante Lind, owner of the company and its Best Choice Eggs
brand, has sold the business.
Burnbrae argued that Good did not file enough documentation
to make the case against Burnbrae and said he missed his chance to file for a
court order to force Burnbrae to provide its records.
The appeal court also denied Good’s attempt to have Linde
and whistleblower Norman Bourdeau to testify to enter new evidence.
Bourdeau took the hard drive from Gray and has released
selective information indicating there were e-mail exchanges among Burnbrae,
Gray and the egg board and that Gray cheated to incorporate flawed eggs in
Grade A cartons.
Gray denies all allegations.
