Sarsfield O’Connor

The appellants appealed a decision of the Ontario Flue-Cured Tobacco Growers' Marketing Board which reduced their basic production quota by 50% for selling tobacco outside the Board's auction exchange.

The appellants admitted to the illegal sales but sought leniency on compassionate grounds due to severe family health and financial stress.

The Tribunal found that while the breach was a serious offense requiring a significant deterrent, the circumstances warranted compassion.

The Tribunal partially granted the appeal, reducing the penalty to a 40% cancellation of the appellants' basic quota to allow them a better opportunity to remain viable tobacco producers.

The appellant, a licensed chicken producer, appealed a decision of the Chicken Farmers of Ontario imposing a penalty of a 10,000-kilogram quota reduction for failing to report 2,000 kilograms of chicken production.

The appellant admitted to the unreported marketing but argued the penalty was too severe given his difficulties with the processor.

The Tribunal found that while illegal production is a serious breach, the penalty was severe and likely an act of omission caused by frustration rather than a deliberate attempt to circumvent regulations.

The Tribunal denied the appeal but adjusted the penalty to a 6,000-kilogram quota reduction, representing three times the unreported amount, consistent with first-offence penalties.

The appellant processors' committee appealed a pricing order by the respondent marketing board that raised or maintained the live price of turkeys.

The appellant argued that high storage stocks, reduced processor margins, and changes in retail purchasing practices necessitated a price reduction.

The respondent argued that the price increase was justified by higher feed costs and positive market indicators.

The Tribunal found that while market indicators were beginning to show positive signs, they were not sufficient to support a price increase given the processors' reduced margins.

The Tribunal partially granted the appeal, ordering a 2.0 cent reduction in the price of all categories of turkey for a specified period.