Sunday, March 9, 2014

SFPFC's Ball is in Tribunal's Court

The dirty deed is done!  After almost a year in preparing our case, the Notice of Appeal has been filed with the Ontario Ministry of Agriculture Tribunal.

I previously posted about our draft Notice of Appeal (see SFPFC's Appeal at the OMAF Tribunal ), and requested suggestions to further improve it.

As usual, sober second thought, eagle eyes and dedication spotted a few mistakes in the draft versions, and raised some additional ideas for putting a few more nails into CFO's coffin.  This process added 14 additional pages to our docket for submission.  I'm sure we could have continued that improvement process for 5 to 7 more rounds, but our time was limited to get in under the 1 year deadline.

Final Version:  SFPFC's Notice of Appeal to OMAF Tribunal, 272 pages, 4.73 MB

The Tribunal is created and controlled under Section 16 of the Ministry of Agriculture, Food and Rural Affairs Act.  The Tribunal thereby created is authorized and has all the necessary powers under Ontario's Statutory Powers Procedure Act.

Here is the email transmitting and submitting our Notice of Appeal

As stated in the email, I have been informed that there are a number of other interested parties who likely will want to be added as parties to this appeal, intervenors, or attend the hearing, so I have requested that the hearings be held in or near Guelph ON with a hearing room suitable for 200 people.

I assume that CFO will create a huge financial war chest to fund their attack.  According to CFO's 2013 financial statements on page 28, CFO has  $8.8 Million is assets, and a net worth of $6.73 million.  By borrowing from banks or passing an emergency levy to all #ChickenMafia members and friends, they can get a lot more money to fight for a very long time, using the most expensive mercenaries money can buy.

SFPFC has its legal defense fund too.  We have been selling memberships, cutting expenses to the bone to save our pennies, cashing in aluminum cans and glass bottles, etc..  We are proud to announce that we have amassed a grand total of $26.00 ready to apply to financing this important issue.  As you can see, this is truly a David vs. Goliath battle.  Additional donations to SFPFC's legal defense fund can be made if you are so inclined.

If we can achieve more than $100.00 it might be worth opening a SFPFC bank account, rather than using the recycled coffee can sitting on the kitchen counter. 

Typically, these David vs. Goliath legal battles require an almost endless series of roadblocks that will be erected by Goliath (ie. CFO and the #ChickenMafia), and we will be required to provide strict proof and justification of every single point whined about.

CFO has already stated that they plan to contest our right to request a Tribunal hearing, as they see us as frivolous, vexatious, acting in bad faith, raising trivial matters of no importance, and that we have no right or legally justified interest in the matters complained about.  They also mentioned something about my Mom wearing army boot.

If CFO can prove any of those allegations against SFPFC, then the hearing will be over before it starts.

It may go as far as CFO denying that Planet Earth exists, as you can't have a Tribunal hearing if Planet Earth cannot be proven to exist.  Similarly, they may try to deny the existence of such things as chickens, me as a person, SFPFC, and all similar arguments that could possible delay or deny existence or responsibility for their actions.

That system of delay tactics may take a while to get through, including a multitude of preliminary motions, arguments against disclosing documents to us, and many other legal maneuvers; all before we can get to the hearing proper.

While it may seem endless at the time, the delaying tactics by CFO and the #ChickenMafia will eventually come to an end.

While all of the above is likely their plan, we may be pleasantly surprised by their willingness to get right to the meat of the matters.  We'll have to wait and see.

Hopefully, the Tribunal is well aware of their tricks, and won't tolerate them for long.

As soon as I know the date for the hearing, I'll let you know.

In the interim, please pass the word to everyone who might be interested.  Share with them your reasons for being interested.  Help them to understand what is at stake, and what the benefits might be from a positive ruling at this appeal.  We seek justice for small flockers, and to make a better world for all residents of Ontario.

Plan on coming to the hearing.  Bring your popcorn.  It should be an interesting show.

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