The appellant, a hatching egg producer, appealed a decision by the Ontario Broiler Hatching Egg and Chick Commission (OBHECC) to reduce his production potential for the 2000 and 2001 breeder placement cycle years, and challenged OBHECC's policy of averaging hatching egg production across all breeds to determine chick placements.
The appellant argued this policy created inequities due to the lower productivity of the Cobb breed he was assigned.
The Tribunal found that while a disparity in breed productivity existed, OBHECC had acted responsibly by developing a new breed indexing policy for 2002.
The Tribunal declined to make the policy retroactive or reverse the 2001 cutbacks, finding no gross inequity or unique economic hardship justifying intervention.
The appeal was denied.