Cody Dahl, Tanya Dahl (a.k.a. Tanya Lightfoot)

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1 OGILVIE LLP BARRISTERS AND SOLICITORS OUR FILE: December 23, 2010 YOUR FILE REPLY TO: ROBERTT. O'NEILL DIRECT LINE: (780) DIRECT FAX: (780) CANADIAN WESTERN BANK PLACE SUITE JASPER AVENUE EDMONTON AB T5J 3N6 FACSIMILE (780) TELEPHONE (780) Cody Dahl, Tanya Dahl (a.k.a. Tanya Lightfoot) & Alberta Ltd. #518,22 Midlake Boulevard S.E. Calgary AB T2X 2X7 Dear Sir & Madam: VIA COURIER, REGULAR MAIL & PROCESS SERVER Re: Cody DAHL, Tanya LIGHTFOOT & Alberta Ltd. Court of Queen's Bench Application #518, 22 Midlake Boulevard S.E., Calgary AB Please find enclosed a copy of the Court of Queen's Bench Order that was issued by Madam Justice Crighton on December 23, Please note that some of the provisions of the Order include: Unobstructed inspections by the Health Department in the future Compliance with the Executive Officer's Order to discontinue the supply, distribution, transportation and storage of unapproved milk products o Compliance with the Demand for Information no later than January 7, 2011 o Personal attendance in court, in Edmonton, in Justice Chambers on Thursday, January 13, 2011, at 10:00 a.m. Failure to comply with the Court of Queen's Bench Order can result in serious consequences. Once you receive this Order, please have your legal counsel contact me so that we can discuss the matter further Yours trullf, I: OGILVIEiLL (~ ROBERT RTO/sbm Enclosures T. O'NEILL

2 COURT FILE NUMBER COURT 'F'I,13 / C-/ '--" -'" COURT OF QUEEN'S BENCH OF ALBERTA JUDICIAL CENTRE EDMONTON APPLICANT ALBERTA HEALTH SERVICES RESPONDENTS DOCUMENT ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT CODY DAHL, TONY A COLE LIGHTFOOT also known as TONY A DAHL and ALBERTA LTD. EX PARTE ORDER OGILYIE BAR.'RISTERS,kNO SOLICITORS UJ I 1400, Jasper Avenue Edmonton AB T5J 3N6 Attention: Robert T. O'Neill Phone: Fax: File No.: /57 Service will be accepted by delivery or fax. No other form of service will be accepted. DATE ON WHICH ORDER WAS PRONOUNCED: DECEMBER 23, 2010, IN EDMONTON NAME OF JUSTICE WHO MADE THIS ORDER: tf\"\a-~\ Justice to/l <f cp-l~ t+-'("z)fj CODY DAHL, TONYA COLE LIGHTFOOT also known as TONYA DAHL and ALBERTA LTD. are ordered to appear before this Court at 10:00 a.m., on January 13, 2011, at the Law Courts in the City of Edmonton, Province of Alberta. UPON THE APPLICATION of the Applicant; AND UPON HAVING READ the Originating Application, filed; AND UPON hearing Counsel for the Applicant; AND UPON being advised that the Respondents have not been served; AND UPON HAVING read the Affidavits of Dale Nelson, Kelly Kennedy and Ryan Lau, filed; IT IS HEREBY ORDERED THAT:

3 '! 1. The application shall be allowed to proceed on an ex parte basis pursuant to section 66.2 of the Public Health Act. 2. The Respondents and any other persons at #518, 22 Midlake Boulevard S.E., Calgary, Alberta (the "Premises"), shall grant access to any Executive Officer to allow him or her to attend the Premises without notice during the hours of 9:00 a.m. to 8:00 p.m. to allow the Executive Officer to exercise his or her powers under Section 59 and 60 of the Public Health Act. 3. In the event the Respondents or any other person refuses to grant any Executive Officer access to the Premises or hinders or interferes with the Executive Office in the exercise of his or her powers or after two attempts no one is available to grant access, then the Calgary Police Service, Royal Canadian Mounted Police or the appropriate law authority, be directed to accompany and assist the Executive Officer and use such reasonable force as they consider appropriate to gain access to the Premises and allow the Executive Officer to exercise his or her power pursuant to Section 59 and 60 of the Public Health Act. 4. The Respondents and any other persons are hereby restrained from obstructing, molesting, hindering or interfering with any Executive Officer in the execution of any duty imposed or in the exercise of any power conferred on that Executive Officer by the Public Health Act or the Regulations. Upon the Respondents or any other persons being in breach of this term of the Order, or paragraph 5 of this Application, then, in any event, any member of the Calgary Police Service, Royal Canadian Mounted Police, or the appropriate law authority, is authorized to forthwith arrest that person, restrain him and bring him at the earliest possible time before a Justice of the Court of Queen's Bench to show cause why he should not be held in contempt of Court provided that such person shall not be arrested unless he has been previously served with a copy of this Order by a member of the Calgary Police Service, Royal Canadian Mounted Police, or the appropriate law authority, and, upon being given an opportunity to do so, does not thereafter obey this clause of the Order. 5. The Respondents shall immediately comply with the Executive Officer's Order issued on December 8, 2010 which is attached as Schedule "A". 6. The Respondents shall comply with the Demand for Information issued December 8, 2010, and attached as Schedule "B", no later than Friday, January 7, The Respondents shall personally attend Justice Chambers in Edmonton on Thursday, January 13, 2011, at 10:00 a.m., to ensure that they are in compliance with the above Order.

4 I 8. The Applicant shall be awarded costs of this matter on a full indemnity basis. 9. Any party may apply to this court to amend any term of this Order by filing an Application and providing two clear days notice to the opposition. Justice of the Court of Queen's Bench of Alberta

5 i '. Albs'rta Health.rvice s Environmental Health IN THE MATTER OF THE PUBLIC HEALTH ACT - ALBERTA ORDER OF AN EXECUTIVE OFFICER To: Re: Alberta Ltd., Cody Dahl and Tonya Cole Dahl (Lightfoot) 518,22 Midlake Boulevard SE Calgary, Alberta T2X 2X7 (the "Owner") The Food Establishment located in Calgary, Alberta and municipally described as: Journey of Health 518,22 Midlake Boulevard SE Calgary, Alberta WHEREAS I, an Executive Officer of Alberta Health Services, have inspected the above noted Food Establishment pursuant to the provisions of the Public Health Act, RSA 2000, c. P-37, as amended; AND WHEREAS such inspection disclosed that the following conditions exist in and about the above noted food establishment which are or may become injurious or dangerous to the public health or which might hinder the prevention or suppression of disease, namely: a. Several unlabelled containers of milk from an unknown source present in cooler. Verbal inquiry to staff indicated milk from Wild Things Organic Farm, b. Customers observed picking up unlabelled containers of milk and exiting store with product in hand, c. Owner refused to provide Public Health Inspector with information regarding unlabelled milk. AND WHEREAS such inspection disclosed that the following breaches of the Public Health Act Food Regulation, Alberta Regulation 31/2006 and the Food Retail and Foodservices Code exist in and about the above noted food establishment, namely: a. Several unlabelled containers of milk from an unknown source present in cooler. Verbal inquiry to staff indicated milk from Wild Things Organic Farm. Customers observed picking up unlabelled containers of milk and exiting store with product in hand. These conditions contravene Section 22 (1) of the Food Regulation. AND WHEREAS such inspection disclosed that the following breach of the Public Health Act Chapter P-37 occurred namely: a. Owners obstructed and/or interfered with the Public Health Inspector in the execution of their duty which is a breach of the Public Health Act Chapter P-37 section 71.

6 - l QRDER OF AN EXECUTIVE OFFICER Re: The Food Establishment located in Calgary, Alberta and municipally described as 518, 22 Midlake Boulevard SE, Calgary, Alberta Page 2 NOW THEREFORE, I hereby ORDER and DIRECT: 1. That the Owner immediately undertake and diligently pursue the completion of the following work in and about the above noted food establishment, namely: a. Discontinue the supply, distribution, display, transport and/or storage of the unlabelled and un-approved milk product. b. Refrain from obstructing, molesting, hindering or interfering with a Public Health Inspector in the execution of any duty imposed or in the exercise of any power conferred on the person by the Public Health Act or the regulations. Dated at Calgary, Alberta, this 8 th day of December, Kelly Kennedy, CPHI(C) Executive Officer Alberta Health Services Section 5(2) of the Public Health Act provides that a person who is directly affected by this Order and considers himself or herself aggrieved hereby may appeal the same to the Public Health Appeal Board, 24th Floor, Telus Plaza North Tower, Jasper Avenue, Edmonton AB T5J 2N3, within ten (10) days. The terms of this Order remain in effect notwithstanding the filing or proposed filing of any such appeal. The Owner is advised that the Public Health Act empowers Alberta Health Services to carry out the terms of this Order on the Owner's behalf and at the Owner's expense should the Owner fail to comply with the terms hereof. Airdrie Airdrie Public Health Centre 604 Main Street South Airdrie, AB T4B 3K7 Phone: Fax: Banff Banff Health Centre 303 lynx Street PO Box 1266 Banff, AB T1 l 1B3 Phone: Fax: Calgary/Mountain View/Rocky View Alberta Health Services, Southport Southport Rd SW Calgary, AB T2W 3N2 Phone: Fax: Canmore Canmore Public Health #104, 800 Railway Avenue Canmore, AB T1W 1P1 Phone: Fax: Claresholm Claresholm Public Health nd Street W PO Box 1391 Claresholm, AB TOl OTO Phone: Fax: Didsbury Didsbury Health Unit PO Box th Avenue Didsbury, AS TOM OWO Phone: Fax: Okotoks Okotoks Public Health Centre 11 Cimarron Commons Okotoks, AB T1S 2E9 Phone: Fax: Strathmore Public Health Building 650 Westchester Road Strathmore, AB T1P 1H8 Phone: Fax:

7 - " IN THE MATTER OF THE PUBLIC HEALTH ACT - ALBERTA DEMAND FOR INFORMATION Date: December 8,2010 To: , Cody Dahl, and Tonya Cole Dahl (Lightfoot) #518,22 Midlake Bv SE Calgary, Alberta T2X 2X7 Re: Investigation of unlabelled milk found in Journey of Health food store at #518,22 Midlake Bv SE, Calgary, Alberta It is the understanding of Alberta Health Services that you possess information/knowledge regarding the above Premisesllnvestigation. Section 59 (2)(b) and (c) of the Public Health Act, RSA 2000, c. P-37, as amended states the following: 59 (2) An executive officer making an inspection under subsection (1) may (b) require the production of any books, records or other documents that are relevant to the purpose of the inspection and examine them, make copies of them or remove them temporarily for the purpose of making copies; (c) make reasonable oral or written inquiries of any person who the executive officer believes on reasonable grounds may have information relevant to the SUbject-matter of the inspection; We are seeking documentation of the following information: 1) The name and contact information of the source/supplier of the milk. 2) How the milk is delivered/transported to your store. 3) When the milk is delivered/transported to your store. 4) Names and contact information of the customers who pick the milk up from your store. Please contact the undersigned Executive Officer immediately at or dale.nelson@albertahealthservices.ca with the requested information pertaining to the above investigation. Failure to comply with this request within 7 days will result in legal action. Sincerely, Dale Nelson, BSc. Ag, CPHI(C) Coordinator, Environmental Health Executive Officer/Public Health Inspector Alberta Health Services