Agricultural Law Netletter - Wednesday, February 21, 2018 Issue 390

HIGHLIGHTS

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A Justice of the Ontario Superior Court of Justice has granted the Director appointed under the Ontario Milk Act, a health unit, and two Ontario municipalities several permanent injunctions which, among other things, restrain an unlicensed milk plant owned by a "worker" Cooperative and its directors from delivering and distributing unsterilized milk and milk products to members of another Cooperative (the "Second Cooperative") which owned the cows, leased the dairy operation and had entered into a management agreement with the "worker" Cooperative. The worker Cooperative acquired the dairy farm from Michael Schmidt, an outspoken advocate of the legalization of the sale of raw milk. Michael Schmidt's spouse was one of the directors of the worker Cooperative. Consumption of the raw milk products produced by the worker Cooperative was limited to the approximately 150 members of the Second Cooperative. The Defendants admitted that they were not licensed and that they were transporting and distributing unpasteurized and unsterilized raw milk products. The Court rejected their argument that the members of the Second Cooperative fell within the "family farm" exemption under the Milk Act and the Ontario Health Protection and Promotion Act, as the exemption was restricted to the members of traditional families who reside on a family farm. [Editor's note: This is the most recent of a long list of cases involving Michael Schmidt.The previous cases are reviewed in the Court's decision.]. (Downing v. Agri- Cultural Renewal Co-operative Inc. (c.o.b. Glencolton Farms), CALN/2018-006, [2018] O.J. No. 46, Ontario Superior Court of Justice)

NEW CASE LAW

Downing v. Agri-Cultural Renewal Co-operative Inc. (c.o.b. Glencolton Farms);

CALN/2018-006,

Full text: [2018] O.J. No. 46;

2018 ONSC 128,

Ontario Superior Court of Justice,

P. Sutherland J.,

January 5, 2018.

Milk Production -- Regulation of Milk Production -- Unlicensed Production of Raw Milk Products -- Injunctions.

Gavin Downing, the Director appointed under the Ontario Milk Act, R.S.O. 1990, c.M.12 (the "Director"), the Regional Municipality of York, the Simcoe Muskoka District Health Unit and the Regional Municipality of Peel (collectively the "Health Unit" and the "Municipalities") applied to the Ontario Superior Court of Justice for a permanent injunction against a "worker" Cooperative named the Agri-Cultural Renewal Co- operative Inc. (the "Agricultural Renewal Cooperative"), its directors Michael Schmidt, Elisa Vander Hout, Nikolaus Alexander Johannes Osthaus, and The Church of the Christian Community in Canada (collectively the "Respondents").

The Director sought an order pursuant to s. 22 of the Milk Act, R.S.O. 1990, c. M.12 (the "Milk Act") restraining the Agricultural Renewal Cooperative from operating a "plant" without a license. The Director also sought an order restraining the Respondents and the Agricultural Renewal Cooperative's employees from hindering or obstructing the inspection of the Agricultural Renewal Cooperative's books and documents by any field person or officer appointed by the Director.

The Health Unit sought a declaration that the Respondents have contravened s. 18 of the Health Protection and Promotion Act, R.S.O. 1990, c. H.7 (the "Health Protection Act") by offering for sale, selling, delivering or distributing unpasteurized or unsterilized milk in unpasteurized or unsterilized milk products or by counselling others to do so, or permitting the use of their land by others to do so.

The Municipalities sought a declaration that the Respondents had contravened s. 18 of the Health Protection Act by offering for sale, selling, delivering or distributing unpasteurized or unsterilized milk or counselling others to do so, or permitting the use of their lands to others to do so. The Municipalities also requested an order that the premises of the Church of the Christian Community in Canada (the "Church") be closed to any use in any way associated with or related to the offering for sale, selling, distribution or delivery of unpasteurized or unsterilized milk or milk products.

The Respondents, none of whom were represented by legal counsel, opposed these applications and presented 87 Affidavits from various individuals...