PRACTICE |
Judgments and orders |
Summary Judgment |
Sander Holdings Ltd. v. Canada (Attorney General)
A-120-04
2005 FCA 9, Desjardins J.A.
14/1/05
23 pp.
Appeal from motions Judge's decision ((2004), 247 F.T.R. 123) granting motion for summary judgment on ground statement of claim not disclosing reasonable cause of action, genuine issue for trial, judicial review--Appellants, agricultural producers bringing class action on behalf of selves, all other producers having shipped grain through Canadian Wheat Board--Each appellant participant in agricultural income stabilization program entitled "the Federal/Provincial Agreement Establishing the Net Income Stabilization Account Program" (NISA Program) established under Farm Income Protection Act--Objective of Program to stabilize incomes of primary agricultural producers by allowing producers to deposit money in Program accounts based on eligible net sales in good years to provide funds for lean years--Repeal of Western Grain Transportation Act having important repercussions on grain trade--Under that Act, transportation costs from elevator to port subsidized-- Participants enrolled in NISA Program required to complete yearly form detailing income, expenses in accordance with "Individual Instrument Guide" handbook--Handbook including guidelines referred to as Point of Sales Guidelines (Guidelines) to assist participants in determining net sales for purpose of NISA Program--Guidelines changed in October 1994 forcing participants to deduct transportation and elevation costs from gross sales when calculating eligible commodity sales--Change allegedly resulting in reduction of eligible net sales by amount of miscellaneous deductions (freight and elevation costs, terminal cleaning and administration fees), thus affecting contributions agricultural producers entitled to receive--Deductions not applied to eligible net sales prior to change in Guidelines--Motions Judge deciding 1994 Guidelines' treatment of freight, storage costs not amounting to amendment of NISA Program; Guidelines not legal norms, not part of NISA Program; only existing to facilitate administration; not capable of being ultra vires Act, Regulations--NISA Program containing special amendment formula for amendments respecting significant financial implications--Appellants contending formula not followed--Respondent submitting elimination of transportation subsidy not affecting Program--Whether freight and elevation costs always deducted from calculation of value of net sales, or whether Guidelines amended practice in dispute--Motions Judge erring in dismissing statement of claim on basis of summary motion since issues of whether change to Guidelines occurred and whether change amended NISA Program raising questions of fact and law of sufficient complexity and uncertainty to merit trial or judicial review--If appellants' claim well-founded, entitled to declaration as stated in prayer for relief--Relationship between Minister and appellants in context of NISA Program not fiduciary given appellants not at mercy of Minister's discretion, Program voluntary in nature--Appeal allowed--Farm Income Protection Act, S.C. 1991, c. 22--Western Grain Transportation Act, R.S.C., 1985, c. W-8.