The appellant, a counter-seasonal dairy producer, appealed a decision of the Dairy Farmers of Ontario denying his request for an exemption from the continuous production requirement for over-quota levy refunds.
The Tribunal found that the policy change unfairly excluded the appellant, who had been a counter-seasonal producer prior to the policy's implementation.
The Tribunal granted the appeal, ordering the respondent to pay the over-quota levy refunds for the 1994/95, 1995/96, and 1996/97 dairy years.