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Showing posts with label class action. Show all posts
Showing posts with label class action. Show all posts

Friday, August 23, 2013

Payback Time

Day before yesterday, I blogged about CFO being ordered to correct the unfair and illegal live chicken prices  they had previously been charging in Ontario.

Regulation 402 passed under the Farm Products Marketing Act  for chicken marketing delegates powers from the Ontario Farm Products Marketing Commission ("OFPMC") to Chicken Farmers of Ontario ("CFO"), and tells CFO all the things that they can do.  It was under this Regulation that the live chicken price is set.

Regulation 402 is all about giving power and authority to CFO.

However, under Regulation 402, I can find nothing that places neither a duty, nor responsibility, nor accountability upon CFO.  Responsibility involves being accountable for, or having obligations or duties to others, and acting reasonably.  When somebody has power without responsibility, it's generally dysfunctional and a danger for all those close by.
‘Power without responsibility – the prerogative of the harlot throughout the ages.’
Rudyard Kipling (1865 - 1936)
With this false and misleading FCR revealed and admitted, we can now more fully see the consequences of the Ontario government creating CFO as a harlot who has extreme power over citizens, but neither responsibility nor accountability.

CFO is an Ontario corporation.  As such, shouldn't it have some duties and responsibilities to the Ontario public?

Nope.  Sorry.  Under Section 3(5) of the Farm Products Marketing Act ("FPMA"), all the local Supply Management Boards, including CFO, are exempted from the duties, responsibilities and accountability imposed on all other Ontario corporations by the Corporations Act ("OBCA") and the Corporations Information Act.

Under  Section 3.(6) of FPMA, everybody associated with CFO is protected from personal liability, in spite of any negligence, error, or incompetence; no matter who they hurt, nor how badly they hurt an innocent third party.

Everybody at CFO can run amok and never be held accountable.  Talk about sponsoring and encouraging irresponsibility and delinquency!

Is this a minor detail?   Gowlings, a Toronto law firm and one of the largest in Canada, states that Directors and Officers of all other corporation have the duty to:
  • Manage the corporation (ie. neither abdication nor laissez-faire nor passive nor acquiesence)
  • Act with loyalty and good faith
  • Avoid conflicts of interest
  • Maintain the confidentiality of information acquired by virtue of their position
  • Exercise care, diligence, and skill in everything done for the corporation
  • Ensure that they are reasonably informed
  • Comply with all applicable laws and regulations
I see all of the above (and more) as being important duties, responsibilities, and accountability that both CFO and OFPMC are missing.  This needs to be corrected by the Ontario Government as soon as possible.

According to the Supreme Court of Canada, if Directors or Officers fail in their duties to the corporation, and third parties are thereby damaged, those third parties can sue the Directors & Officers for damages suffered.  While CFO and OFPMC have been exempted from the OBCA, they have not been exempted from the common law.  The OBCA merely codified and confirmed the common law duty of care.

Has there been any third parties that have been damaged by CFO and/or OFPMC?  How about the 13.5 million citizens of Ontario?  Do they count for anything?

Is anybody interested in discussions of a very interesting Class Action lawsuit against these two organizations?

Thursday, June 13, 2013

Posting Progress

This Blog has now been active for 105 days, so I thought it would be a good time to assess our progress so far.



The graph above shows data for all 72 postings that have been done so far.  The vertical axis is on a logarithmic scale.  It appears that a posting gains most of its audience views within the first 72 hours, then slowly accumulates additional views the longer it is posted.  That is why yesterday's posting (ie. Days Posted= 1 day) shows as significantly above the trend line.

The second anomaly in the above graph is the April 2, 2013 posting Choose: Frankenstein Chicken, or Naturally Raised Chicken? which so far has collected a total of 1,819 views, likely due to the interest of people who have been chronically poisoned with arsenic-laced chicken without their consent.

Other than that, everything seems about the same for all the postings made so far.  When we look at the exponential slope of the thin black trend line above, we see that the average posting is gaining additional views at 3.12% per day that it is posted.  That rate has a doubling time of 22.4 days (ie. every 22.4 days, the number of views for the typical posting doubles; 70/3.12%= 22.4 days).

Using the average exponential gain for the average posting over time, and assuming 40 views on average in the first day, the cumulative aggregate total views for the average posting is shown above.

I'm quite pleased with that.  This means the word is getting out there.

People are paying attention.

They're getting informed.

Soon, they may get personally involved.

After that, some may get radicalized, and demand that change for the better must occur immediately.

I wonder when those demands for change will start to occur?