CHESTERVILLE - John and Susanna Cayer have won their quota transfer assessment dispute against Dairy Farmers of Ontario... again.
The Agriculture, Food and Rural Affairs Tribunal has ruled a second time that the ex-dairy farming Cayers, who farm just north of here, should be exempted from the assessment and refunded within 30 days the $114,492.80 levied against the final total when they sold their quota in January, 2007.
The amount was levied under a controversial 15-per-cent DFO transfer policy introduced to help stabilize the rapidly escalating cost of quota. The Cayers’ ongoing appeal has been one of several launched against the producer-owned marketing board.
The couple originally sought an exemption for medical reasons, which was turned down by DFO’s quota committee and later by the full board. That led to a first tribunal hearing which found in the Cayers’ favour, followed by a ministerial technical intervention in DFO’s favour, and to the second tribunal ruling in support of the Cayers.
This time, the tribunal found three reasons why the Cayers should be reimbursed, one more than in the first ruling, noted agricultural issues specialist Don Good, an Ottawa layer who has represented the couple as well as others with transfer cases against DFO.
Tribunal vice-chair Claire Belluz agreed with the first decision that the Cayers should be granted relief from the quota policy on the basis of compassion because the couple was forced to quit the dairy business due to John’s health complications; and on the basis that their orderly exit from the industry was in progress prior to implementation of the transfer assessment.
In addition, Belluz found "errors and omissions" were committed during the DFO transfer exemption request procedure which couldn’t be blamed on the Cayers. It was those errors and omissions which won DFO a ministerial reprieve from the first tribunal ruling.
"It is incumbent on DFO to ensure the grounds and procedures for making a request for an exemption are open and transparent to all," Belluz ruled, adding that the impact of errors and omissions can multiply when they’re not recognized or rectified.
The vice-chair recommended that DFO develop a separate and distinct written policy allowing requests for exemption from the effects of a DFO decision based on extraordinary circumstances.
Such a policy should state that special circumstances may include compassionate and medical considerations that have caused undue hardship.
And DFO should provide a written Standard Operating Procedure to members making a request for a policy exemption, with board staff and directors trained to follow the procedure.
John Cayer said he’s "cautiously optimistic" the case is finally settled and that DFO won’t push forward with further action to block the payment as it has in other cases.
From the Archives:
News, April 2009
