Cwb court case

[bucket]

Have been reading about the cwb being in court today. Any rulings yet?

Did the government lawyer show up? Or did he stay at his office and fill out the expense account and timesheet?

So far the judge seems a little perplexed as to why he is hearing the case. Maybe the government lawyers could pick up on that.

Either way, its seems it going to the supreme court anyway.

[bucket]

It will be interesting to see how fast the ruling comes out. The last one was written before the case was before the judge.

[bucket]

So the government lawyer says to just throw it out. Why not prove to the judge that the cwb does not provide premiums and force the directors' hand to prove the cwb does. Then the books have to be opened up.

Next year's price is not available from the cwb so how can they compare prices. The PRO means nothing and has not been announced. Everyone else has prices available except the guys that are so called expert marketers.

[bucket]

I like the following from the director's lawyer.

"
Colin MacArthur, representing eight former CWB directors, also argued that ending the grain seller's single desk would cause "irreparable harm" to western growers.""



Maybe the judge ought to have the lawyer prove this. That would two things.

1. Open the cwb books on sales rather than taking the word of stewie wells and billy toews.

2. The cwb would have to have prices out for the new crop to prove any harm after the august 1 implementation.

I just hope the judge has a brain and throws the costs to the eight directors.

[AdamSmith]

Shane Perlmutter

Appointed to Court of Queens Bench in Feb of 2011


Shane I. Perlmutter Appointed a Judge of the Manitoba Court of Queen’s Bench

Thompson Dorfman Sweatman LLP (TDS) partner Shane I. Perlmutter has been appointed a Judge of the Manitoba Court of Queen’s Bench. Shane commenced his practice with TDS in 1997 and has been a partner since 2000. Shane’s practice focused primarily on civil litigation and administrative law with emphasis on insurance and health law in which he earned the respect of clients and colleagues as thoughtful, fair and trusted counsel. The partners, associates and staff of TDS extend our congratulations to Shane as he embarks on another stage in his career in the law.
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So he's one of the most recent appointments to COQB,

Rookie judge, 4th line Fed Lawyers, deciding the way I run my business,

Yup sounds about right.

[wauchope]

judge has reserved decision

[TOM4CWB]

Decision reserved on wheat board challenge

By Larry Kusch, Winnipeg Free PressJanuary 18, 2012 10:06 PM

WINNIPEG — A Manitoba Court of Queen's Bench judge reserved his decision Wednesday on whether to grant an injunction that would halt implementation of Ottawa's new grain marketing law.

Eight former Canadian Wheat Board directors brought the application before Justice Shane Perlmutter, who presided over a two-day hearing.

They're seeking the injunction until the validity of the Harper government's Marketing Freedom for Grain Farmers Act is tested in the courts. The act, proclaimed in December, would end the CWB's monopoly on Prairie wheat and barley sales.

The eight former directors — all farmers — sought the injunction after a Federal Court judge ruled last month that Agriculture Minister Gerry Ritz broke the law by introducing Bill C-18 in October without consulting the board or holding a plebiscite of Prairie grain growers. The federal Conservatives proceeded to pass the new law, despite the ruling.

On Wednesday, federal lawyer Robert MacKinnon argued that Federal Court Justice Douglas Campbell's ruling did not invalidate the new law. He said the ruling was simply a declaration about the minister's actions.

MacKinnon noted that the former directors' own lawyer had made it clear in Federal Court that they were not challenging the right of Parliament to pass Bill C-18.

"There's nothing in the declaration to even suggest that the bill should be withdrawn or that it is invalid," MacKinnon argued. "You cannot make a brick out of a single grain of sand here."

On Tuesday, the lawyer representing the eight former directors — who were removed from office when the new grain marketing act came into force — said Ottawa's failure to give Prairie farmers a vote, as required under the old legislation governing the CWB, was "an affront to society as a whole."

Colin MacArthur also argued that ending the grain seller's single desk would cause "irreparable harm" to western growers.

But MacKinnon disputed that on Wednesday. He said it is not an established fact, as argued by CWB proponents, that the board's single-desk marketing function provides farmers with better returns than they would receive by selling their grain on the open market.

He also argued that the uncertainty created by the former directors' legal actions could negatively affect Prairie farmers. International grain buyers may question whether Canada will be able to meet its commitments as a supplier, he added.

© Copyright (c) The Montreal Gazette


Read more: http://www.montrealgazette.com/news/Decision reserved wheat board challenge/6016464/story.html#ixzz1jsTqC5C0