Burnbrae Farms and Sweda Farms have both filed their motions in Sweda’s application to the Supreme Court to decide whether its egg-industry conspiracy charges can proceed.
Burnbrae persuaded a judge to exempt it from the conspiracy charges against L.H. Gray & Son Ltd. and the Egg Farmers of Ontario marketing board and its general manager, Harry Pelissero.
Sweda says in its application to the Supreme Court that the courts have been inconsistent in exempting Burnbrae, but not Gray.
Sweda also argues that two matters of great public importance are involved – food safety because both Burnbrae and Gray furnished Sweda with substandard eggs and market-fixing.
It says Burnbrae’s lawyers have sought to “trivialize” those issues.
Burnbrae and Gray have consistently denied any wrongdoing.
There are, however, Canadian Food Inspection Agency records demonstrating that both companies have routinely included cracked eggs in Grade A cartons.
Joe Hudson, founder of Burnbrae, has testified under oath that he believes the CFIA allows a tolerance for cracks. The CFIA, however, has nothing in its regulations allowing any tolerance for substandard eggs as they leave a grading station.