Appeal granted; dairy farmers exempted from quota transfer assessment due to medical hardship and procedural errors.
The appellants, dairy farmers, appealed a decision by the Dairy Farmers of Ontario (DFO) denying their request for an exemption from a 15% transfer assessment on the sale of their production quota.
The appellants argued they were entitled to a medical exemption due to the severe and debilitating health issues of the principal operator, which forced their imminent exit from the industry.
The Tribunal found that the DFO's exemption request procedure was flawed and that the appellants were not given an adequate opportunity to present their case.
The Tribunal granted the appeal on compassionate grounds, finding that the appellants' orderly exit was already in progress prior to the policy's implementation and that the DFO committed procedural errors.
The DFO was ordered to refund the $114,492.80 assessment.
John and Susanna Cayer v. Dairy Farmers of Ontario, 2009 ONAFRAAT 7