Blake Bexon

The appellants appealed the engineer's Addendum Report and the decision of the Court of Revision regarding the Hambly-Sabourin and Beaulac-Beach Drains, citing concerns over erosion, the adequacy of proposed rip rap, and the fairness of maintenance assessments.

The Tribunal dismissed the appeals regarding the design of the drainage works, finding no professional evidence to contradict the engineer's recommendations.

However, the Tribunal granted the appeal in part regarding the maintenance assessments, reducing the downstream appellant's maintenance assessment on a specific section of the drain from 50% to 20%, with the balance pro-rated to upstream landowners.

The appellant, a dairy farmer, appealed decisions of the Dairy Farmers of Ontario (DFO) regarding the calculation of his final milk cheque, a refund of monies from the Fund for Milk and Cream Producers, and a request for an allocation of 100 kg of quota due to alleged unfair treatment.

The Tribunal declined jurisdiction over the refund issue.

On the merits, the Tribunal found no evidence that the DFO applied its policies unfairly or inconsistently with respect to the appellant's milk cheque or quota allocation.

The appeal was denied.

The appellants appealed the engineer's report and the decision of the Court of Revision regarding the construction of a municipal drain, arguing their assessment was too high and the allowances provided to the neighbouring property were inappropriate.

The Tribunal found that the appellants' property would benefit from the cut-off of surface waters and improved outlet, justifying the assessment.

The Tribunal also held that the allowances for right-of-way and damages were reasonable.

The appeals were dismissed.

The appellant appealed the engineer's report and the decision of the Court of Revision regarding the repair and improvement of the Brown/Reid Drainage Works.

The appellant argued that the costs outweighed the benefits, alternative designs were not considered, and his property was unfairly assessed.

The Tribunal dismissed the appeal regarding the design and cost-benefit, finding the proposed works practical and cost-beneficial.

However, the Tribunal varied the assessment, reducing the appellant's benefit assessment and increasing the assessment of an upstream landowner who benefited more from the improved outlet.

The Tribunal also ordered the inclusion of fish refuge areas as recommended by the engineer.

In a pre-hearing motion regarding an appeal of a service fee increase by the Ontario Pork Producers' Marketing Board, the Tribunal addressed several procedural requests.

The Tribunal consolidated the appeals of three additional parties with the initial appellants on consent.

It granted the respondent's request for a restricted access order for specific documents, allowing access only to designated representatives upon signing an undertaking.

The Tribunal dismissed the appellants' request for an affidavit of document disclosure and the respondent's request for further particulars.

Finally, the Tribunal granted a short adjournment of the hearing by one week.

The appellants, tobacco farmers, appealed a decision of the Ontario Flue-Cured Tobacco Growers’ Marketing Board denying their request for an exemption from the Board's no-rental policy.

The appellants sought to rent out 100% of their 2004 marketing quota due to the husband's health issues.

The Tribunal dismissed the appeal, finding that the appellants had not fully pursued other options such as sharegrowing, and that the Board's policy of minimizing production costs for active growers was reasonable.

The appellant hatchery appealed a $10,000 penalty assessed by the Ontario Broiler Hatching Egg and Chick Commission for 22 instances of late payments to producers and 8 violations of Commission orders.

The appellant argued the penalty was too high given its cash flow problems and pending sale of the business.

The Tribunal dismissed the appeal, finding no mitigating factors to excuse the regulatory obligations and concluding the $10,000 fine was proportional to the number of infractions and consistent with past penalties.