Search
Better Farming OntarioBetter PorkBetter Farming Prairies

Better Farming Ontario Featured Articles

Better Farming Ontario magazine is published 11 times per year. After each edition is published, we share featured articles online.


Egg whistleblower in court again

Thursday, July 28, 2011

by BETTER FARMING STAFF

Superior Court Justice Roland Haines expects to decide by Friday if he accepts egg industry whistleblower Norman Bourdeau’s contention that he was too sick to meet a Mar 4, 2011, court imposed deadline to deliver documents to his former employer last winter.

Bourdeau, a former employee of L.H. Gray, Ontario’s second-largest egg marketer, offered pneumonia as an excuse in court documents presented in London Ontario Superior Court Wednesday.

The information technology specialist, who has challenged the practices of Ontario’s egg industry and his former employer, L.H. Gray and Son Limited and asked the Ontario Farm Products Marketing Commission to investigate, claims in an affidavit that pneumonia prevented him from providing L.H. Gray with a list of about 170 contacts to whom he had leaked proprietary and confidential information by the early March deadline. The list was finally delivered via email at 1:59 p.m. on March 11.

The company is asking Justice Haines to find Bourdeau in contempt of court for his tardiness. L.H. Gray is suing Bourdeau for breach of fiduciary duty, confidentiality, good faith obligations, defamation and intentional interference in economic relations. The company is claiming $15 million in damages.

Bourdeau, in turn, is suing his former employer for wrongfully terminating his contract and is claiming $25 million in damages.

All claims have yet to be proven in court.

The contempt motion is one of four that L.H. Gray filed against Bourdeau in London and Oshawa courts for not providing documents or failing to provide them on time. Two of the contempt cases are resolved. On Wednesday, lawyers representing both parties confirmed neither resolution found Bourdeau in contempt. However, the decisions acknowledged that he did not comply with the orders and in one case a fine of $500 was imposed plus $1,000 in costs.
On Wednesday, L.H. Gray’s lawyer Allison Webster argued that the contempt motions indicated a pattern of conduct. Here “we have an individual who continually breaches orders on which he has entered on consent,” she said. There was no indication from Bourdeau’s lawyer that he would not be able to comply with the date because of illness. There was no doctor’s note supplied and no apology to the court. The explanation came months later. The inconsistencies “are too great,” she said, to conclude illness prevented Bourdeau from filing.

Webster also argued that the delay prevented the company from contacting those who had received information from Bourdeau and “frankly, do damage control.”

She asked Justice Haines to fine Bourdeau $5,000-$7,500 and order him to pay costs, which she estimated for her firm to be nearly $11,000. Refcio estimated his costs at $2,000-$3,000.

Bourdeau’s lawyer, Rod Refcio called the contempt motions “deliberate” and “intended to intimidate my client” and argued that each case should be considered on its own merits rather than interpreted as a pattern. Refcio argued Bourdeau may have been reluctant to provide an explanation because, given the contentiousness of the proceedings, he did not want to show weakness. The delay was minor: “We’re talking five business days,” Refcio said.

Refcio offered to provide Judge Haines with evidence of Bourdeau’s illness that had come to his attention during a break in the court session. A prescription bottle sat on his desk. Judge Haines noted he would only receive the evidence if Webster agreed; she objected.

Refcio also noted that Bourdeau provided the list as soon as he could after he recovered. It was “not a short list,” he said. Bourdeau “needed to make sure it was accurate.” BF

Current Issue

September 2024

Better Farming Magazine

Farms.com Breaking News

BASF introduces Surtain herbicide for field corn growers

Tuesday, September 17, 2024

Field corn growers in eastern Canada have a new crop protection product available to them. After about 10 years of research and trials, BASF has introduced Surtain, a residual herbicide for corn that combines PPO inhibitor saflufenacil (Group 14) and pyroxasulfone (Group 15) in a premix... Read this article online

New home for the Christian Farmers Federation of Ontario

Saturday, September 14, 2024

The Christian Farmers Federation of Ontario (CFFO) has announced it has moved into its new office building in Ingersoll. Located at 274620 27th Line in Ingersoll, the new office will serve as the hub for CFFO’s ongoing efforts to advocate for and support Ontario’s Christian farmers.... Read this article online

Canadian Ag Youth Council Welcomes new Members

Saturday, September 14, 2024

Agriculture and Agri-Food Canada has announced the latest members to join the Canadian Agricultural Youth Council (CAYC). This update introduces nine fresh members alongside thirteen returning youths, marking a significant step towards involving young voices in agricultural... Read this article online

New CEO for Livestock Research Innovation Corporation

Friday, September 13, 2024

Livestock Research Innovation Corporation (LRIC) is promoting from within with the appointment of the organization’s newest Chief Executive Officer. Industry Services Manager Kelly Somerville has been tapped to assume the role as of September 3, replacing retiring CEO Mike McMorris.... Read this article online

BF logo

It's farming. And it's better.

 

a Farms.com Company

Subscriptions

Subscriber inquiries, change of address, or USA and international orders, please email: subscriptions@betterfarming.com or call 888-248-4893 x 281.


Article Ideas & Media Releases

Have a story idea or media release? If you want coverage of an ag issue, trend, or company news, please email us.

Follow us on Social Media

 

Sign up to a Farms.com Newsletter

 

DisclaimerPrivacy Policy2024 ©AgMedia Inc. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Back To Top