They have lost their appeal to get all of
the milk quota they thought they would get when they bought a dairy
farm in 2010.
They got 24 kilograms less than the 105 they thought they
would get because the Dairy Farmers of Ontario marketing board capped quota
prices at $25,000 per kilogram and their deal had them paying $30,000 per
kilogram.
They were under pressure to accept the amended deal because
they had sold their farm in the Netherlands, had converted their money from
Euros to dollars and were immigrating with four young children.
They said that losing the 24 kilograms has left them short
of income they were counting on, but the tribunal said they don’t seem to be
cash-strapped because they spent $2 million fixing the barn and building a new
house, $200,000 to buy eight kilograms of quota on the milk board’s exchange
and $3 million to buy a neighbouring farm and its 40 kilograms of quota.
The Ontario Ministry of Agriculture and Food Tribunal wrote
in its decision posted on the internet this week that:
“The Tribunal acknowledges the
significant challenges experienced by the Striks and the stress and uncertainty
that the circumstances created in their personal and business lives.
“However,
the Tribunal finds that the circumstances described by the Striks were not
unique, extraordinary or exceptional. Nor were the circumstances outside of
their control.
“The
Striks went ahead with the purchase of the farm with full knowledge of the
lower amount of quota associated with the farm.
“The Striks did not avail
themselves of conditions in the agreements for the sale of their farm in
Holland and the purchase of Mr. Y’s farm in Canada that would have allowed them
to back out of either deal.
“They did not verify with the DFO the
amount of quota available, nor did they wait for written confirmation from the
DFO. They received an abatement on the purchase price of Mr. Y’s farm for the
reduced amount of quota.
“They provided no written evidence to
support their claim that they were “cash-strapped” and made at least $5 million
dollars in investments after the conclusion of the sale.
“The Striks have not proven
circumstances that warrant an exemption from the DFO policy. The Tribunal
agrees with the DFO decision not to grant an exemption in these circumstances.”
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