Loading...
The Rural Voice, 2001-12, Page 20May. the Waage, "'if; peace, happineaa and jag "Our experience assures lower cost water wells" 101 YEARS' EXPERIENCE Member of Canadian and Ontario Water Well Associations • Farm • Industrial • Suburban • Municipal Licensed by the Ministry of the Environment 111 1. • IIlIIIIIi DAVIDSON WELL DRILLING LTD. WINGHAM Serving Ontario Since 1900 519-357-1960 WINGHAM 519-664-1424 WATERLOO SERVICE CENTRE INC. - 479 blacEwan Street, Goderich • N7A 4M1 - YOUR LOCAL SUPPLIER ISO 9002 REGISTERED We're proud to be a part of this fine community. Happy Holidays and thanks! FOR YOUR STEEL REQUIREMENTS Beams. Rounds. Hot & Cold Finished Rounds & Bars, Channel, Reinforcing Steel, Square 'Tubing, Angles, Flat Bar, Expanded Metal; Bar Grating, Matt's for Concrete Work, Primed Beams & Lintels, Stainless Steel and Aluminum Please Call: TOLL FREE: 1-888-871-7330 PHONE: (519) 524-8484 FAR: (519) 524-2749 16 THE RURAL VOICE Ellicott told the tribunal, all farmers in an area should have the same rain gauge. EIlicott's most meticulous detective work, however, went into examining temperature records. Various farmers had kept their crop insurance final reports over ten years and Ellicott went back over weather records, working backward from 1999 and mapping out every maximum temperature claimed by Agricorp and comparing it to the temperature for the same day recorded by Environment Canada for the same weather station. She began to notice some dates where there were major discrepancies in the Environment Canada statistics versus the Agricorp figures and began to wonder why. She found the answer in the procedures given to weather recorders. There are two measurements taken a day, one at 8 a.m. and one at 6 p.m. The weather stations have thermometers which stay at the maximum temperature recorded since the last time they were measured and the mercury shaken down again. Therefore if a high temperature was recorded after 6 p.m. at night, and the temperature dropped overnight, the maximum temperature recorded at 8 a.m. the next morning could actually have been recorded the previous evening. A cool day could, using this raw data, actually be said to be a warm day if the weather changed overnight. Environment Canada eventually refines its data to give a more accurate record of what is the high and low temperature each day but Agricorp's figures were based on the raw data prior to 2000, Husseinali Shivji, Agricorp Crop Insurance Commodity Specialist told the tribunal. "If we have rain, sunshine and temperature the plant will grow," Ellicott says. If it didn't rain or the temperature wasn't high enough to stimulate growth, the plants won't produce. "So having the right data is critical." Based on the weather data she had received, Ellicott approached Dr. Murray Brown, the retired Agricorp official who had originally created the computer simulation program. He ran the computer model based on her figures and estimated she should have received 65-70 per cent of her normal yield (she calculated she'd received 66 per cent). Furthermore, Ellicott says, Brown said Agricorp uses all kinds of things in its simulation that were never a part of the original simulation. Even before the tribunal hearing, many of these arguments had been put before top-ranking OMAFRA and Agricorp officials. A meeting was arranged on March 23, 2000 between the Grey -Bruce group and Norris Hoag, the OMAFRA deputy minister at the time, George Sutton, then general manager of Agricorp and other top officials with the two government bodies. The group came away without the answers they sought and so turned to the appeal process. In preparing for the tribunal meeting Ellicott did her usual thorough job of researching what the ground rules were. Tribunal staff told her the panel would not consider complaints about the effectiveness of the computer simulation itself, she says, because it was part of the basics of the system. "We were told that if we could bring evidence that either incorrect data was used (in the simulation) or incorrect methods of obtaining data were used, then we fell within the parameters of the tribunal," she says. "In ouropinion we brought that evidence." The tribunal panel, headed by Vice -Chair John Taylor, didn't agree, however. In his finding handed down on June 11, 2001, Taylor agreed that the fact Agricorp had continued to identify the Paisley weather station as a base long after it had closed was a breach of contract, but argued "Agricorp administered the plan consistent with the explanation given to clients at the time the plan was purchased and as explained by the Agricorp Sales Representative and published leaflet and brochure. "When an error was found, Agricorp took steps to correct it and did not request a refund for any monies overpaid on claims. "The administration of the plan for the Grey/Bruce group of appellants was no different than for other clients in Ontario." It's that last statement that angers