The appellant tobacco farming company appealed a decision of the Ontario Flue-Cured Tobacco Growers' Marketing Board denying its request for an exemption to rent out 100% of its 2005 marketing quota.
The appellant had mistakenly submitted a low bid to a federal buyout program, which was accepted, leading it to abandon preparations for the 2005 crop.
Although the appellant successfully appealed the buyout and had its basic production quota restored in late May, it argued it was too late to fumigate and plant a viable crop.
The Tribunal dismissed the appeal, finding that the appellant was responsible for its own decisions and was not convinced that a crop could not have been planted despite the tight timelines.