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.
