Durham area raw milk producer Michael Schmidt is hoping to avoid a trial this fall.
Schmidt is in a Newmarket court today with an application for a summary judgement in his case.
Schmidt faces charges of production, storage and distribution of raw milk after being charged by the Ministry of Natural Resources and Grey Bruce Health Unit.
The judge will look at the jurisdiction of the MNR over raw milk producers and their relationship with customers.
Schmidt has always argued the MNR used a faulty search warrant during the seizure on his farm in November 2006.
Schmidt hopes to resolve the issues with the summary judgement today and avoid a seven day trial this fall.
Meanwhile — Schmidt’s production equipment was returned to his farm yesterday.
The trial judge ruled the Crown had no legal grounds to keep the equipment.
Schmidt is thrilled to have the equipment back — he says “it’s been almost 500 days too long.”
It is illegal to sell raw milk in Canada because it can carry hordes of potentially deadly bacteria, including salmonella and E. coli.
