Lawyers for Svante Lind and his Sweda Farms egg-industry
business have filed an application to the Supreme Court, trying to reverse a
lower-court decision that has let Burnbrae Farms Ltd. off the hook in a
conspiracy case.
They argue that the lower court officials made several errors
including:
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Allowing Burnbrae to get off even though the judge found the
egg-grading company engaged in “a pattern of substandard grading.”
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Saying Sweda’s lawyers failed to seek a court order forcing
Burnbrae to furnish all of its egg-grading documents and information related to
the court case. Sweda’s lawyers point out that Burnbrae has an obligation,
under Rule 30, to provide the information. Besides, there was already enough
information on the record showing Burnbrae’s violation of grading standards
without going to the time an expense of getting a court order to gain more
documentation.
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Sweda’s lawyers say that Burnbrae engaged in “deliberate non-disclosure
and non-compliance with Rule 30”.
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The lower court judge faulted Sweda for failing to engage an
expert witness on egg grading, including the issue of whether Canadian Food
Inspection Agency enforcement of egg-grading standards allow zero tolerance cracked
and dirty eggs in Grade A retail packaging. Sweda’s lawyers say an expert
witness has nothing to work with because of Burnbrae’s failure to disclose
documents.
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Sweda’s lawyers also argue that testimony about the role of
Joseph Klei, a former Best Choice
employee, shows him engaging in a conspiracy with Burnbrae and Gray to the
detriment of Best Choice; they also point to discrepancies in testimony by
three Burnbrae owners and officials – Joe Hudson, his daughter, Mary Jane
McFall, and Hank Lammers -over the role Klei played.
There has so far been no response filed by Burnbrae’s lawyers.
They have in the past said that Burnbrae has not engaged in any wrongdoing, the
same claim made by lawyers for L. H. Gray and Son Ltd. which has failed in its
bid to get out of the same lawsuit.
The Egg Farmers of Ontario marketing board and its general
manager, Harry Pelissero, are the third party Sweda has accused of conspiracy
to market substandard eggs and to drive Sweda Farms’ egg-grading operation out
of business.
Lind has sold his Best Choice Eggs business.
Lind has hired Gowlings to pursue the appeal to the Supreme
Court. The lawyers now on the case, taking over from Donald Good and AGB
Lawyers Professional Corporation, are Sandra Brown and Jeff Beedel.
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