Monday, January 28, 2013

Commission calls for secrecy on egg issues


Geri Kamenz
Geri Kamenz, chairman of the Ontario Farm Products Marketing Council, has called for secrecy surrounding submissions it has received from lawyers for L.H. Gray and Son Ltd., the Egg Farmers of Ontario marketing board and Verified Eggs and from whistleblower Norman Bourdeau.

The submissions relate to calls from lawyer Donald Good, acting for Verified Eggs, and Bourdeau for a commission investigation into the egg marketing board.

Kamenz has written to all of them, asking that they maintain strict confidentiality of what they have submitted and the content of submissions the others have made and which have been circulated to them.

Kamenz’s letter came after Webster wrote to the commission requesting confidentiality.

Alison Webster, lawyer for Gray, is also seeking a court order to seal documents that were filed in court in Toronto last year. Most of what’s in those court documents has appeared on this website 
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Webster failed in her bid to obtain a speedy sealing order at the beginning of January, She was told she can’t simply ask for everything to be sealed – i.e. kept from the public – but needs to provide a list, with reasons, of the items she wants sealed.

Webster has argued that making the information public will harm the reputation of her client, L.H. Gray and Son Ltd., which is the second-largest egg business in Ontario and Canada.

Kamenz has not yet tipped his hand on whether the commission will conduct an inquiry.

He does mention in his letters that many of the documents that would be pertinent to an inquiry are under a court sealing order that Webster successfully requested about 18 months ago.

Since then, Good has filed new documents claiming that Gray, the egg board and Burnbrae Farms Ltd. were involved in a conspiracy to drive Svante Linde and his Best Choice Eggs company out of the egg-grading business. Good’s filing also accuses them of breaching the Competition Act and of marketing under-grade eggs in Grade A egg cartons.

The three accused have denied any wrongdoing. Both the allegations and denials have yet to be tested in court.

Kamenz’s letters were released in response to an application under the Freedom of Information Act.
Requests for the correspondence from Good, Bourdeau and the egg board are still in process.