Barry Bresner

The appellant, a tobacco producer facing unresolved criminal charges for alleged unlawful sale of tobacco, appealed a decision of the Ontario Flue-Cured Tobacco Growers' Marketing Board denying his request for an exemption from the General Regulation 1999-2000.

The appellant sought an extension of the deadline to apply for spring rental of his marketing quota and an exemption to rent out 100% of his quota rather than the standard 30% limit.

The Tribunal found that the Board acted unfairly by treating the appellant differently from other producers facing similar charges who were allowed to continue producing.

The Tribunal granted the extension for the 30% spring rental but denied the request to rent out 100% of the quota, finding no extraordinary circumstances to justify the latter exemption.

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 tobacco producer, appealed a decision of the Ontario Flue-Cured Tobacco Growers’ Marketing Board denying his request to institute a policy of pooling the proceeds of sale of tobacco by grade.

The appellant argued that the current system, where prices fluctuate based on the day of sale, is inequitable.

The Board maintained that price pooling would remove incentives for quality production and should not be implemented without consensus from the Tobacco Industry Advisory Committee.

The Tribunal dismissed the appeal, finding insufficient evidence that a significant number of producers supported the proposed change to the marketing system.