Appeal of DFO quota transfer assessment policy dismissed; policy successfully stabilized overcapitalized dairy quota values.
The appellant, an unincorporated association of dairy farmers, appealed a decision by the Dairy Farmers of Ontario (DFO) not to rescind its November 2006 Quota Policy on Transfer Assessments.
The appellant argued the policy was flawed and requested rescission along with over $15 million in compensation for its members.
The Tribunal found it lacked jurisdiction to grant individual compensation as it was not requested before the DFO.
On the merits, the Tribunal accepted expert evidence that the Ontario dairy industry was overcapitalized and that the policy successfully stabilized quota values.
The Tribunal concluded the positive impacts of the policy on the industry outweighed the negative impacts on the appellant's members, and dismissed the appeal.
Ontario Quota Rights Organization v. Dairy Farmers of Ontario, 2009 ONAFRAAT 30