T-2191-04: Supplementary Affidavit of Deborah Harri

Federal Court - Trial Division

Between:

Arthur Mainil (Plaintiff)

-and-

The Canadian Wheat Board and Meyers Norris Penny (Defendants)

Supplementary Affidavit of Deborah Harri

I, Deborah Harri, Corporate Secretary of the defendant The Canadian Wheat Board, of the City of Winnipeg, in the Province of Manitoba, affirm that:

  1. I am the Corporate Secretary of the defendant The Canadian What Board and as such have personal knowledge of the facts hereinafter deposed to by me, except where the same are stated to be based upon information and belief in which case I believe them to be true. I make this affidavit supplemental to my Affidavit sworn December 13th, 2004 (my "First Affidavit") and in response to certain material filed since I swore that Affidavit.
     
  2. Section 24(1)(d) of The Canadian Wheat Board Act (the "Act") provides that, subject to the consent of The Canadian Wheat Board ("CWB"), producers are to deliver their grain to the "delivery point" which is named in their Permit Book. That delivery point is typically a grain elevator chosen by the Producer when he applies for the Permit Book.
     
  3. Typically, the delivery point is a grain elevator close to land upon which the Producer grows grain.
     
  4. For new applicants, CWB uses the delivery point specified by the Producer to determine the appropriate Electoral District (the "District"). Each year thereafter, an application for for a Permit Book is sent to the Producer which indicates the District to which they have been assigned.
     
  5. As indicated in my First Affidavit and in the Affidavit of Peter Eckersley sworn December 10, 2004, as part of the process of developing a voters list, Producers are again notified of the designated District and given the opportunity to correct any error in the designated District.
     
  6. The first election for elected directors occurred in 1998. Prior to 1998 CWB was governed by Commissioners appointed by the federal government. The first election occurred in 1998 when all ten elected directors were elected for the first time. The terms of the directors elected from even numbered Districts in 1998 were two years, not four years. In the year 2000 the five directors from even numbered Districts were elected for four year terms.

Affirmed before me at the City of Winnipeg in the Province of Manitoba on December 17, 2004.
(Signed by a Notary Public in the Province of Manitoba)

(Signed by Deborah Harri)