Appeal dismissed; chicken quota is a revocable license, not personal property, and transfer was validly processed.
The appellant, Van Moorsel Farms Ltd., appealed a decision of the Chicken Farmers of Ontario (CFO) refusing to reverse a transfer of 10,008 units of basic quota to a purchaser and refusing to allocate an additional 6,500 units of basic quota to the appellant.
The appellant argued that because it had not been fully paid for the quota at the time the CFO announced a new quota conversion policy, it retained property rights in the quota and was entitled to the new allocation.
The Tribunal dismissed the appeal, finding that quota is a revocable license, not personal property, and that the appellant had initiated the transfer before the policy freeze date, rendering it ineligible for the new allocation.
Van Moorsel Farms Ltd. v Chicken Farmers of Ontario, 2001 ONAFRAAT 29