Tribunal confirms 100% cancellation of tobacco quota for illegal sales, finding no mitigating factors.
The Court of Appeal remitted the issue of penalty back to the Tribunal for reconsideration regarding the appellants' illegal sales of tobacco.
The appellants argued the penalty of cancelling 100% of their basic production quota was disproportionate compared to other cases.
The Tribunal found no mitigating factors and held that the illegal sale of tobacco strikes at the heart of the regulated system.
The Tribunal confirmed the cancellation of all basic production quota but clarified the appellants could apply to purchase quota in the future.
Stetler and 934671 Ontario Limited v Ontario Flue-Cured Tobacco Growers’ Marketing Board, 2006 ONAFRAAT 26