E.R. (Bill) Vollans Ltd. has lost its appeal for a return of the $28.890 paid for a SpreaderModel 425 Horizontal purchased from LEOMN Mfg.Company Inc.of Yorkton, Sask.
Soon after paying, Vollans asked to cancel the order and for his money back. The company said it would do so within days, but never did.
However, the Ontario Ministry of Agriculture, Food and Rural Affairs Appeal Tribunal said it lacks jurisdiction under the Farm Implements Act to deal with the appeal.
It said Vollans could apply to the OMAFRA director who could order enforcement.
“If the director were to enforce section 6, any hearing would take place before the Provincial Offences Court and not the Tribunal,” its decision reads.
“This is a contract dispue and the provisions of the Act do not address this situation,” the tribunal wrote. “There is no remedy under the Act for this applicant.”
Neither Vollans nor LEON was represented by a lawyer for the hearing which was chaired by Glenn C. Walker, who is a lawyer, and tribunal members Betty Ann MacKinnon and Dave Stevens.
