Chitiz Pathak successful on behalf of farmer at the Agriculture, Food and Rural Affairs Appeal Tribunal

June 18, 2014

Daniel Chitiz and Alastair McNish succeeded in overturning a decision of the Ontario Flue-Cured Tobacco Growers’ Marketing Board on behalf of a Burford, Ontario tobacco farmer.  The Tobacco Board had denied the farmer his licence to grow tobacco as a penalty for his contravention of a new labeling regulation during the 2013 harvest season.

On May 22, 2014, at a hearing before the Agriculture, Food and Rural Affairs Appeal Tribunal (the administrative tribunal with jurisdiction to hear appeals from local farming boards and marketing boards), Mr. Chitiz and Mr. McNish argued that the penalty imposed by the Tobacco Board was disproportionate to the alleged infraction, and that the local board had not taken into account any mitigating factors in its decision, including the farmer’s decades-long unblemished farming career, and that the 2013 season was the first year in which the regulation in question had been in place.

The Appeal Tribunal granted the appeal, and granted the farmer his licence to grow tobacco for the 2014 season.

Alastair McNish, Daniel Chitiz, Litigation, Litigation News