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| Glenn Black |
Glenn
Black has failed on his third and final attempt to persuade the Ontario
Ministry of Agriculture, Food and Rural Affairs to consider his far-reaching
appeal against the Chicken Farmers of Ontario marketing board, and more
specifically its 300-bird limit on the number of birds people who own no quota
can raise every year.
Black
has shared the tribunal’s preliminary ruling, indicating that it still thinks
his latest version seeking an appeal is trivial and/or frivolous and is
vexacious in that he has no reasonable chance of getting the tribunal to do
what he seeks.
The
tribunal says, for example, that Black defied its instructions to stick to the
one issue – the 300-bird limit – and cited a dozen additional issues in his
most recent appeal.
Lawyer
John O'Kane, writing for the tribunal, says it has no power to make decisions
on those 12 items.
Black’s
original appeal resulted in a hearing on May 14 when and where lawyer Geoff
Spurr, representing the chicken board, argued the tribunal does not have
jurisdiction over most of the issues Black raised.
The
tribunal agreed with Spurr in a decision it issued May 21, but rather than dismissing the appeal, it offered Black an opportunity to amend his appeal.
Black
did with a 98-page document. Spurr again served notice that he would object if
a hearing went ahead. The tribunal jumped the gun and wrote to Black, rejecting
his amended appeal and inviting him this time to provide arguments why its
ruling is trivial, frivolous and/or vexatious.
In
its current preliminary decision, it rejects Black’s arguments.
Black
said, "I am disappointed by the tribunal's decision.
“It
appears the tribunal has strained the limits of justice to find some manner to
dismiss the appeal.
“Both
the third and fourth versions of the appeal contained none of the material
complained against by the tribunal, yet the tribunal refused to consider any of
these revised versions."
The
tribunal notes in its preliminary decision that Black has admitted that he is
raising only one bird at a time and says “his appeal reflects a personal and
political manifesto.”
