Haleyview Farms Ltd. v. Dairy Farmers of Ontario (DFO)
I posted an article a couple of weeks ago about a farmer who was granted a partial exemption from the DFO 15% quota transfer assessment because of disability. Normally, when dairy quota is transferred to another party, a 15% tariff must be paid to the DFO. Now, the Agriculture, Food and Rural Affairs Tribunal has granted a full exemption from the assessment to Haleyview Farms Ltd. (Paul and Margot Haley) of Brantford, Ontario for compassionate reasons.
In December, 2006, Paul Haley was diagnosed with Stage 4 prostate cancer and was told that it had spread into his bones. In August, 2007, he suffered serious injuries to his right arm when a bale pinned him against his tractor. By December, 2007, he had sold his herd and his entire quota. By way of a letter in September, 2008, the DFO advised Haley that an exemption from the 15% assessment was not warranted in his case. DFO argued that the quota is "not a retirement, disability or life insurance fund." Later, DFO told Haley that medical conditions were not normally considered as reasons to provide exemptions and that Haley's circumstances were not "sufficiently unique" to allow the exemption.
The Appeal Tribunal disagreed. Read its decision at:
http://www.omafra.gov.on.ca/english/tribunal/haleyview-dc.htm
Interesting to note - that although the tribunal is supposed to have the power to support or overturn DFOs appeal decision that it is not the last step, but both parties have the ability to have the decision reviewed first by the tribunal, and then by the Ministry of Agriculture herself. I myself, am not quite sure what the purpose of the tribunal is, (appointed by the government) if every unfavourable decision for the DFO is reviewed not once but twice!
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