Build a strong regulated marketing appeal case – B.C. Farm Industry Review Board

Disclaimer

This guide is not legal advice. It’s meant to help you understand what an effective appeal may look like. It does not cover every situation and may not reflect the specifics of your appeal. You are responsible for understanding the rules and meeting all requirements. For legal guidance, consider speaking with a lawyer.

What a strong appeal looks like

A strong appeal usually doesn’t just argue with the outcome. It’s typically about how that decision was reached. Strong arguments often focus on process, consistency, and proper application of the rules.

To identify which arguments you should focus on, consider whether:

The decision was flawed

Was the policy misunderstood or used incorrectly?
Was the decision illogical or not clearly supported by the evidence?
Was the decision based on inaccurate, incomplete, outdated, selective, or irrelevant information?
Did the board go beyond its legal authority or make a decision it didn’t have jurisdiction to make?

The process was unfair

Were you denied a real chance to respond or be heard?
Was the rule applied differently than in similar cases, without a clear explanation why?
Was there a lack of fairness or neutrality in how the decision was made? (This includes bias, conflict of interest, or not being told about the process.)

Required steps were missed

Were important steps skipped, like consultation, notice, or timelines?
Did the process fail to meet SAFETI principles? (Strategic, Accountable, Fair, Effective, Transparent, Inclusive)
Did the board fail to explain how it reached its decision or why it interpreted the policy the way it did?

Errors must have affected the outcome

For each issue you identify, explain how it affected the outcome of the decision.

Use clear, dated evidence to support each point, such as correspondence, application forms, board responses, or past decisions. Help the panel connect the dots.

Essential resources

Before preparing your appeal, review these resources:

Rules for Practice and Procedure for Appeals (PDF, 251KB)

Outlines the rules that govern how appeals are conducted, including formal process steps, deadlines, and appeal requirements.

Practice directive for NPMA appeals (PDF, 88KB)

Outlines typical timelines for appeal steps and issuing a decision, and how to organize and deliver your documents to BCFIRB.

Search past decisions

Search past appeal rulings to help you understand how similar cases were decided.

Step 1. Define your case

A strong appeal doesn’t just argue with the outcome. It explains how that decision was reached, including how the board or commission applied the rules, and whether the decision was made fairly, consistently, and according to proper process.

Start by defining your case. Your appeal should clearly state:

The decision you are appealing
The rule, policy, or process that applied
What went wrong (inconsistent, missed step, misapplied rule)
How the issue affected the outcome
What result you’re asking BCFIRB for

Learn what BCFIRB considers when making their decision

Focus on the decision, not the policy

BCFIRB cannot change a policy through an appeal. It reviews how the policy was applied and whether it was applied correctly in your case.

Step 2. Identify what you need to prove

Once you’ve defined your case, figure out what you need to show to support it. Start by reviewing the reasons the board or commission gave for its decision. Then ask:

What facts, documents, or examples can challenge or disprove those reasons?
Are there policies or past decisions that support my interpretation?

Make a short list of your main arguments and what evidence will support each one:

List your main arguments: The key reasons you believe the board’s decision was wrong or unfair
Match each argument with specific evidence, such as emails, records, policies, or past rulings
Make sure everything connects back to your core case. Avoid including information that doesn’t help prove your point

Good example

“The BC Milk Marketing Board’s decision to deny my quota transfer request contradicts Section 3.2 of the Quota Transfer Policy, which allows transfers between family members. In 2021, the board approved a similar transfer in Case X under the same circumstances. Denying my request without explanation creates an inconsistency in how the policy is applied.”

Poor example

“The board was unfair in rejecting my request. Other farmers have been allowed to transfer quota.”

Step 3: Collect the right evidence

To succeed in your appeal, you’ll need to back up your arguments with clear, relevant evidence. The evidence you include will depend on your case.

The best evidence is:

Specific to your situation
Directly connected to the decision you’re appealing
From credible sources, such as board or commission correspondence, official reports, or financial documents
Able to show real-world impact, such as financial loss, unequal treatment, or a failure in process

Avoid relying on:

General industry data not tied to your situation
Vague comparisons to other producers
Claims of harm without documentation
Emotional arguments without supporting facts

Using policy or rule documents

If your appeal involves a board decision based on a specific rule, policy or regulatory order, you can include that document to show how it applies to your case.

You’re not expected to interpret the law, but you can:

Identify the section that applied to your situation
Explain how it connects to your case
Point out how the board may have misapplied or misunderstood it

This helps the panel understand how the policy was used, and whether it was applied fairly or consistently.

Under BCFIRB’s SAFETI principles, regulated marketing decisions should be strategic, accountable, fair, effective, transparent, and inclusive. If you believe the board or commission’s decision did not align with these principles, that may also strengthen your case. Be prepared to show which principle was not followed and how that affected you.

Using correspondence

You can include messages or records that show what you submitted, how the board responded, and whether you were given accurate information. For example, you could use:

Application forms
Emails or letters between you and the board
Text messages (screenshots must show dates and parties)

This kind of evidence is useful when timelines or miscommunication are part of the dispute.

Using past BCFIRB decisions

Boards and commissions are expected to apply their rules consistently.

To use past rulings effectively:

Find a case with similar facts or policy issues
Identify the case name, year, and decision
Explain how the facts are similar
Explain how the outcome supports your position or highlights a difference in how rules were applied

Find past regulated marketing decisions

Using visual evidence

Photographs, inspection reports, or other visual materials can help prove compliance or show relevant facts.

Make sure:

The images are dated
You can confirm who took them
They directly relate to the issue under appeal

These are especially helpful in appeals involving farm conditions, compliance disputes or enforcement actions.

Using financial or business records

If you’re saying that a board or commission decision caused financial or business harm, you need to show clear proof. Use records that support your case.

For actual harm, you could include:

Contracts or invoices
Profit-and-loss statements
Budget reports
Cancelled agreements or orders

For projected harm, you might include:

Budget forecasts or cash flow projections
Letters of intent or pre-approval agreements
Operational or business plans that depended on the board’s approval

For projected harm, your evidence must:

Be based on reasonable, documented assumptions, not guesses
Include historical data or past trends to support the forecast
Clearly compare your situation before and after the board’s decision

Be prepared to show how the board’s decision caused the harm and what assumptions your projections depended on.

If the projected impact is complex or significant, consider submitting an expert report from a financial advisor, accountant, or industry expert to support your claims.

Using expert reports

Only expert witnesses can give opinions on technical matters such as agriculture, science, accounting or other specialized fields.

Expert evidence may be helpful if:

The board relied on expert analysis in its decision, and you need to counter it
The case involves economic impact, feasibility or fairness in resource distribution
A regulation’s interpretation is unclear and requires specialized knowledge

A credible expert witness should:

Have recognized qualifications in the industry
Be neutral and fact-based
Submit a written expert report at least 30 calendar days before the hearing
Be available at the hearing for questioning

If you need an expert witness, notify BCFIRB as soon as possible.

Learn how to submit an expert report

Use affidavits or witnesses

If you or someone else witnessed important events or facts, you can support your case with oral testimony or written affidavits. An affidavit is a sworn written statement from someone with direct knowledge.

Only include witnesses who have first-hand knowledge, not second-hand stories or opinions. You can use witness prep notes to help organize what someone will say if they testify (these are not submitted as evidence but help you prepare).

Learn about preparing an affidavit – SupremeCourtBC.ca

Keep your evidence organized

Before your hearing, gather all the documents you want to use. Organize them so you can quickly find what you need when it’s your turn to speak.

Make sure you submit your evidence by the deadlines.

How to organize your documents

To stay organized:

Use a binder or folder
Number each document page
Match each document to your speaking notes

Make extra copies

You’ll need extra copies for:

The BCFIRB panel
The other party
Yourself
Any interveners

Only include documents that directly support your case

Don’t submit documents just because you have them. Unrelated paperwork can make your appeal harder to follow.

Step 4: Choose and prepare your witnesses

A witness is someone who can speak about what they personally saw, heard or did in relation to your appeal.

Choose people who have direct, first-hand knowledge (for example, someone who saw the impact of a decision)
Only call witnesses who add something useful and relevant to your case
Avoid calling witnesses with only opinions or second-hand information. This is called hearsay and may carry less weight or be excluded entirely

BCFIRB may exclude witnesses who are late, repetitive or not helpful.

Learn about submitting your witness list

Learn how to question witnesses

Preparing witnesses before the hearing

Prepare your questions in advance. You can bring notes or a written outline to help you stay focused during the hearing.

Before the hearing:

Review the facts you need to prove and what each witness can contribute
Ask what they remember and what they’re prepared to say
Make sure they understand what they’ll be asked about
Remind them to stick to facts, not opinions or arguments
Let them know they may be questioned by the other party or the panel
Prepare a short summary of what each witness will speak about

Prepare questions for the other party’s witnesses

During the hearing, you’ll have a chance to ask the other party’s witnesses questions. This is called cross-examination. It’s your opportunity to test the facts or timelines they present.

To prepare for cross-examination:

Review the other party’s documents and evidence
Think about what their witnesses may say, based on the issues in dispute
Make a list of key points you want to clarify or challenge

Focus on facts, not opinions. Good questions are clear, neutral, and tied to the evidence. Writing them down in advance will help you stay organized during the hearing.

Step 5: Plan how you’ll present your case

You don’t need legal training to present a strong case, but it helps to be structured. Before the hearing, plan out:

Your opening statement
The evidence you’ll present, in which order, with a brief explanation for each piece
Who your witnesses are and what they’ll speak about
What you want to highlight in your closing argument

You can bring notes or a written outline to help you stay focused during the hearing.

Learn how to present your case