Tobacco growers allowed to rent out 80% of marketing quota after relying on delayed federal buyout program.
The appellants, tobacco growers, appealed decisions of the Ontario Flue-Cured Tobacco Growers' Marketing Board (OFCTGMB) denying their requests to rent out 100% of their 2004 marketing quota and to receive funding from a quality assurance program.
The appellants had opted not to grow a crop in 2004 in anticipation of participating in a federal Tobacco Assistance Program (TAP) buyout, which was ultimately delayed.
The Tribunal found that the OFCTGMB had created an expectation regarding the TAP without adequately communicating the risks, but that the appellants also bore responsibility for their business decisions.
The Tribunal allowed the appellants to rent out 80% of their 2004 marketing quota, but dismissed the appeal regarding the quality assurance program funding, as the appellants did not grow a crop and thus did not meet the eligibility criteria.
Gilvesy and by River Ridge Limited v Ontario Flue-Cured Tobacco Growers' Marketing Board, 2005 ONAFRAAT 3