I know nothing about this but stumbled across it.
www.cwbandme.com
Dear editor,
This week our family farm, Hudye Farms, filed a $50 million lawsuit against the Canadian Wheat Board (CWB). The lawsuit seeks recovery of $247,699 plus interest for improper loss of income and additional expenses incurred as a result of the CWB actions and legal costs. It also claims damages of $25 million on account of serious harm to our businesses’ reputation from what we believe false and defamatory public statements made by the Board, $10 million in damages from breach of fiduciary duty and $15 million in exemplary and punitive damages.
Now we didn’t need to add a law suit to our long list of things to do. But, we believe that our case has a bigger, more philosophical point to make – western farmers need a choice other than the CWB. Here’s why we have come to this conclusion.
In September 2009, we went through our usual fall process: we filed a mandatory CWB declaration with a major grain company, had our wheat tested and soon after received certification that our wheat was Canadian Western Red Spring (CWRS) class from the Canadian Grain Commission. Based on its own tests, the CWB’s grain agent confirmed the same and we entered into an 8,625 tonne CWRS wheat delivery contract.
This past spring we started to deliver our wheat. When we had delivered about 7,419 tonnes, the CWB advised us that they had done subsequent testing and determined that 122.5 tonnes of our wheat contained 23.6% of an ineligible variety (606/Granite, which is a Canadian registered variety). The CWB then downgraded 122.5 tonnes of our wheat to feed, deemed us to be in default, cancelled all our delivery contracts and claimed damages on the entire 8,625 tonne contract even though approximately 1,200 tonnes of our wheat had yet to be delivered.
These CWB decisions have been detrimental to the financial well-being of our farm. And this fact is only compounded by the onerous restrictions that the CWB is continuing to impose on our 2010 deliveries. In fact, we are having trouble finding commercial elevators that will accept delivery of our CWRS contracted wheat. (It is important to note that it is impossible for our 2010 wheat to contain the 606/Granite variety).
Hudye Farms is now in a legal battle with CWB which is a troubling turn of events. But, truthfully what troubles us the most about this is that we have no choice on where we can sell our milling wheat – it’s the CWB or nothing. There is no process for mediation or arbitration.
Our claim is that the CWB has abused and disregarded our rights, ignored all standards of fair treatment, violated its own privacy policy and the terms of its own contract, and deliberately harmed our interests. Farmers have two options: live with the CWB decisions, even if you believe they are unjust, or just put up with them. I don’t like either of those options. And I’m not convinced that the future of farming includes the CWB. In fact, I think the CWB might be an idea and an institution whose time has passed and famers should strive for and demand a choice in how and to whom we sell the fruits of our labour.
I’d invite others who have experienced similar type situations with the CWB to share those with us at www.cwbandme.com
Sincerely,
Ben Hudye
President
Hudye Farms Inc.
www.cwbandme.com
Dear editor,
This week our family farm, Hudye Farms, filed a $50 million lawsuit against the Canadian Wheat Board (CWB). The lawsuit seeks recovery of $247,699 plus interest for improper loss of income and additional expenses incurred as a result of the CWB actions and legal costs. It also claims damages of $25 million on account of serious harm to our businesses’ reputation from what we believe false and defamatory public statements made by the Board, $10 million in damages from breach of fiduciary duty and $15 million in exemplary and punitive damages.
Now we didn’t need to add a law suit to our long list of things to do. But, we believe that our case has a bigger, more philosophical point to make – western farmers need a choice other than the CWB. Here’s why we have come to this conclusion.
In September 2009, we went through our usual fall process: we filed a mandatory CWB declaration with a major grain company, had our wheat tested and soon after received certification that our wheat was Canadian Western Red Spring (CWRS) class from the Canadian Grain Commission. Based on its own tests, the CWB’s grain agent confirmed the same and we entered into an 8,625 tonne CWRS wheat delivery contract.
This past spring we started to deliver our wheat. When we had delivered about 7,419 tonnes, the CWB advised us that they had done subsequent testing and determined that 122.5 tonnes of our wheat contained 23.6% of an ineligible variety (606/Granite, which is a Canadian registered variety). The CWB then downgraded 122.5 tonnes of our wheat to feed, deemed us to be in default, cancelled all our delivery contracts and claimed damages on the entire 8,625 tonne contract even though approximately 1,200 tonnes of our wheat had yet to be delivered.
These CWB decisions have been detrimental to the financial well-being of our farm. And this fact is only compounded by the onerous restrictions that the CWB is continuing to impose on our 2010 deliveries. In fact, we are having trouble finding commercial elevators that will accept delivery of our CWRS contracted wheat. (It is important to note that it is impossible for our 2010 wheat to contain the 606/Granite variety).
Hudye Farms is now in a legal battle with CWB which is a troubling turn of events. But, truthfully what troubles us the most about this is that we have no choice on where we can sell our milling wheat – it’s the CWB or nothing. There is no process for mediation or arbitration.
Our claim is that the CWB has abused and disregarded our rights, ignored all standards of fair treatment, violated its own privacy policy and the terms of its own contract, and deliberately harmed our interests. Farmers have two options: live with the CWB decisions, even if you believe they are unjust, or just put up with them. I don’t like either of those options. And I’m not convinced that the future of farming includes the CWB. In fact, I think the CWB might be an idea and an institution whose time has passed and famers should strive for and demand a choice in how and to whom we sell the fruits of our labour.
I’d invite others who have experienced similar type situations with the CWB to share those with us at www.cwbandme.com
Sincerely,
Ben Hudye
President
Hudye Farms Inc.
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