(1) K&M Farms v BC Turkey Marketing Board
The BCCMB intervened in this turkey appeal along with the Primary Poultry Processors Association of BC. Prior to this appeal, BCFIRB heard two previous appeal involving most of the same parties, and issued two major decisions, which provided direction to both K&M and the Turkey Board on matters related directly to this appeal. The issues of this appeal are: (1) Did the Turkey Board err in its May 12, 2020 decision not to direct a processor to provide custom slaughter and cut-up services to K&M Farms for the 2020-2021 quota year? (2) Did the Turkey Board err in its May 22, 2020 decision to deny K&M’s scheduled poult placement and not make any further orders to direct a processor to provide custom services to K&M?
In this appeal, K&M’s position was that the Turkey Board has placed too much emphasis on direct market growers finding their own solution to processing. The Turkey Board and the intervenors position is that it would not be in the best interest of the industry to direct a processor to provide custom processing to K&M, especially in light of the current pandemic. The Turkey Board argued that the success of other grower-vendors in negotiating custom processing services indicates that regulatory intervention is unnecessary, but that this is the apparent business strategy being used by K&M Farms.
On November 6, 2020 BCFIRB rendered its decision, dismissing both appeals. Read more here
(2) BCCMB v Cedar Creek Farms (A. Patton) in BC Court of Appeal.
BCFIRB summarily dismissed the appeal of Cedar Creek Farms to have restrictions on their quota removed as a result of a change of circumstances , namely that their processor, Island Farmhouse Ltd (IFP) has opted out of assurance of supply. Cedar Creek Farms appealed the summary dismissal to the BC Supreme Court for judicial review. The Supreme Court (Justice MJ Sharma) found that BCFIRB had breached procedural fairness and remitted the matter back to FIRB. The BCCMB then applied for a stay of the MJ Sharma decision at the BC Court of Appeal, which was granted. The hearing in the BC Court of Appeal is scheduled for November 20, 2020. In response to the public heath order requiring that appeals not be held in person, the appeal is scheduled in BC Court of Appeal via Zoom.