Begg v. Canada (Minister of Agriculture)

Begg v. Canada (Minister of Agriculture)

Section 9 of the CLPA applies to the compensation paid to the plaintiffs under the Health of Animals Act and thus bars any tort claim in respect of the destruction of the herd and any challenge to the amount or reasonableness of compensation; accordingly the negligence claims present no genuine issue for trial and the declaratory relief claims disclose no reasonable cause of action and are struck.

Citation
2004 FC 659
Parties
Plaintiffs (respondents on the Summary Judgment Motion): Cliff Begg; Rollie Begg; Bentley Brown; Dale Conacher; Keith Conacher; Laurie Conacher; Milton Conacher; Miles Johnson; Defendant (applicant on the Summary Judgment Motion): Her Majesty the Queen in Right of Canada as represented by the Minister of Agriculture for Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
5 May 2004
Procedural Posture
Civil Tort (negligence) Dispute Arising From Statutory Animal Eradication and Compensation / Motion for Summary Judgment Under Federal Court Rules (rule 213(2)); Claims for Declaratory Relief Struck Under Rule 221(1)
Outcome
Motion for summary judgment granted; negligence claims dismissed; claims for declaratory relief struck; no costs awarded to defendant.
Legal Topics
Crown Liability and Proceedings Act S.9 (double Recovery Bar), Health of Animals Act (compensation Provisions S.51, Regulation Power S.55, Limitation S.50), Maximum Amounts for Destroyed Animals Regulations Sor/91 222 S.4, Summary Judgment Standards, Retroactivity and Ultra Vires Challenges, Misfeasance in Public Office (abandoned)
Source Language
English
Tort Administrative Law Statutory Interpretation Regulatory/animal Health Law Crown Liability Crown Liability and Proceedings Act S.9 (double Recovery Bar) Health of Animals Act (compensation Provisions S.51, Regulation Power S.55, Limitation S.50) Maximum Amounts for Destroyed Animals Regulations Sor/91 222 S.4 +3 more

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Parties

Cliff Begg; Rollie Begg; Bentley Brown; Dale Conacher; Keith Conacher; Laurie Conacher; Milton Conacher; Miles Johnson

Plaintiffs (respondents on the Summary Judgment Motion)

Her Majesty the Queen in Right of Canada as represented by the Minister of Agriculture for Canada

Defendant (applicant on the Summary Judgment Motion)

Procedural Posture

Civil Tort (negligence) Dispute Arising From Statutory Animal Eradication and Compensation / Motion for Summary Judgment Under Federal Court Rules (rule 213(2)); Claims for Declaratory Relief Struck Under Rule 221(1)

Legal Issues

  1. 1 Whether s.9 of the Crown Liability and Proceedings Act bars tort claims where compensation has been paid or is payable from Consolidated Revenue Fund
  2. 2 Whether plaintiffs may challenge amount or reasonableness of compensation awarded under the Health of Animals Act and its regulations
  3. 3 Whether Health of Animals Act s.50 provides an alternative statutory bar to liability

Ratio Decidendi

Section 9 of the CLPA applies to the compensation paid to the plaintiffs under the Health of Animals Act and thus bars any tort claim in respect of the destruction of the herd and any challenge to the amount or reasonableness of compensation; accordingly the negligence claims present no genuine issue for trial and the declaratory relief claims disclose no reasonable cause of action and are struck.

Court Disposition

Motion for summary judgment granted; negligence claims dismissed; claims for declaratory relief struck; no costs awarded to defendant.

Orders

  • Pursuant to Rule 216(1) of the Federal Court Rules, 1998, the Motion for summary judgment is granted and the claims for damages are dismissed as they present no genuine issue for trial
  • Pursuant to Rule 221(1) of the Federal Court Rules, 1998, the claims for declaratory relief are struck out as they disclose no reasonable cause of action