Nancy McGill

The appellants appealed a decision of the Ontario Egg Producers' Marketing Board denying their request for an exemption from Quota Policy #2.

The appellants sought to sell 90% of their pullet quota calculated on the past two years' utilization rather than the required five years' utilization, citing the poor condition of their recently purchased barn and the cost of refurbishing.

The Tribunal found no compelling reasons to make an exception to the policy, noting the new policy provided a better opportunity than the one existing when the appellants purchased the premises.

The appeal was denied.

The appellant, Robert Meersseman, appealed a decision of the Farm Products Marketing Commission denying his request for a license to process vegetables in 1997.

The appellant had applied for a personal license after his company, Boneta Foods, was denied a license.

The Tribunal found that the appellant and Boneta Foods were indistinguishable for the purposes of obtaining a license, and that the personal application was an attempt to bypass the denial of the corporate license.

The appeal was dismissed.

The appellants, four independent dairies in Northern Ontario, appealed a decision by the Farm Products Marketing Commission to modify its Northern Ontario Fluid Milk Distribution Policy.

The policy changes merged distribution areas and allowed fluid milk products processed in Southern Ontario to be distributed in the North.

The appellants argued the Commission failed to consult adequately on the substance of the changes and requested the Tribunal direct the Commission to reopen the issue and conduct hearings in Northern Ontario.

The Tribunal dismissed the appeal, finding that the Commission had conducted adequate consultation with the industry starting in 1993 and that the industry should not have been surprised by the policy change.

The appellants appealed a decision of the Farm Products Marketing Commission to amend the Northern Ontario Fluid Milk Distribution Policy, which eliminated distribution areas in Northern Ontario and allowed fluid milk processed in Southern Ontario to be distributed in the North.

The appellants requested a delay in implementation and public hearings, and one appellant requested an exemption to source milk from Southern Ontario earlier than scheduled.

The Tribunal dismissed the appeals, finding that the Commission had adequately consulted the industry, had considered the anticipated impact, and had provided adequate notification of the phased implementation.

The Tribunal also found it lacked jurisdiction to address the exemption request as it had not been considered by the Commission.

The Ontario Dairy Council appealed a decision of the Dairy Farmers of Ontario regarding the methodology used to determine the price of Class 4(a) milk under the P6 Agreement.

The appellant argued that the new pricing system failed to achieve revenue neutrality, resulting in increased costs for butter and powder manufacturers.

The Tribunal found that the respondent had followed the agreed-upon P6 methodology, even though it resulted in a cost increase.

The Tribunal declined to make a decision on the dispute, concluding that the proper forum for resolving the issue was the governing body of the P6 Agreement, as Ontario could not act unilaterally.

The appellant, a dairy farmer, appealed a decision of the Dairy Farmers of Ontario denying his request for relief from a 15% transfer assessment on quota sales.

The appellant had been forced to sell his quota to satisfy bank loans called due to his marital breakdown.

The Tribunal found that while the circumstances warranted compassion, the request to return the transfer assessment and grant an additional quota allocation should be denied.

However, the Tribunal directed the DFO to purchase the appellant's over quota milk produced during the 1996/97 dairy year at full price, up to a maximum of 11,500 kg, as a form of assistance.