Herman Tursktra

The appellant, a chicken processor, appealed a decision of the Chicken Farmers of Ontario denying its request for an additional chicken quota allocation.

The appellant argued that the Special Request Panel's decision was tainted by a reasonable apprehension of bias because the Panel Chair had previously authored a report used against the appellant in a prior proceeding.

The Tribunal found that while a reasonable person might have an apprehension of bias, the appellant waived its right to object by failing to raise the issue at the first opportunity during the Panel meeting.

The Tribunal declined to review the Panel's decision on the basis of bias.

Niagara Country Fresh Poultry Inc. appealed a decision by the Chicken Farmers of Ontario denying its request for an allocation of supply of chicken for processing for crop Quota Period A-20.

Niagara, a new entrant, had requested 1.6 million kilograms.

The Tribunal considered the industry's capacity, the ongoing review of the allocation process, and the history of granting supply to new entrants.

The Tribunal directed the CFO to allot 100,000 kilograms for the domestic market and 200,000 kilograms for the export market to Niagara for Quota Period A-20.