Scott Campbell

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.

The appellant, a tobacco farmer, appealed a decision of the Ontario Flue-Cured Tobacco Growers' Marketing Board denying his request for an exemption from its regulations to rent out 100% of his 2005 marketing quota.

The appellant argued that his recovery from back surgery constituted an extraordinary circumstance preventing him from growing a crop or finding a sharegrower.

The Tribunal dismissed the appeal, finding that the appellant's health condition was foreseeable and did not constitute an extraordinary circumstance, and that he had not made adequate efforts to obtain a sharegrower.

The appellant, a tobacco farmer, appealed a decision of the Ontario Flue-Cured Tobacco Growers’ Marketing Board denying his request for an exemption from a regulation prohibiting the rental of 100% of his marketing quota.

The appellant argued that a sudden and severe deterioration in his health prevented him from growing a crop in 2004 and that he made reasonable efforts to find a sharegrower.

The Tribunal found that the appellant's health constituted an extraordinary circumstance and that he had made reasonable efforts to secure his crop.

The appeal was granted, and the marketing board was ordered to allow the appellant to rent out 100% of his marketing quota for the 2004 crop year.

The appellants, tobacco farmers facing criminal charges for illegal tobacco sales, applied to the marketing board for an extension of time to apply for spring rental of their marketing quota and an exemption to rent out 100% of their quota.

The board denied the requests, citing the pending charges and the inability to determine if the appellants were in good standing.

The Tribunal found that the board's decision was unfair, as other producers facing similar charges were allowed to continue producing and marketing tobacco.

The Tribunal granted the extension of time and allowed the appellants to rent out the standard 30% of their quota, but denied the request to rent out 100%, finding no extraordinary circumstances to justify the exemption.