The appellant, a tobacco farmer, appealed a decision by the Ontario Flue-Cured Tobacco Growers' Marketing Board to cancel his basic production quota and his 2001 marketing quota after he admitted to illegally selling tobacco.
The Tribunal upheld the cancellation of the basic production quota but varied the penalty regarding the 2001 crop, allowing it to be marketed subject to a fine equivalent to 20% of the proceeds.
The Tribunal found that the timing of the Board's hearing created an inequity for the appellant and his sharegrowers, who had already incurred harvest costs.