Canada Case Law

R. v. Crawford

Court

British Columbia Court of Appeal

Leave to appeal was denied because, although questions of law were raised, they lack importance beyond this case and lack a reasonable prospect of success: the Bylaw regulates non-incidental commercial vehicle parking rather than the conduct of farm businesses and therefore does not fall within ss.481(2) or 552 LGA requiring ministerial approval, and it is not inconsistent with the ALCA in a way that would alter the appellants' convictions.

Source excerpt

• Ultra vires
• Bylaw validity
• Paramountcy
• Ministerial approval
• Leave to appeal test
• Ejusdem generis

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Moonraker Ventures Ltd. v. Veri

Court

Supreme Court of British Columbia

The court found Veri qualified as a "farmer" under the Act (field-grown cannabis and cattle constitute farming carried on for commercial purposes), and either found him insolvent or held insolvency is not a precondition to the creditor's duty to give s.21 notice; Moonraker failed to provide the notice in the form established by the Minister and omitted essential information, and because s.22 makes acts done in contravention of s.21 null and void without statutory discretion to validate them, the foreclosure proceedings are void ab initio.

Source excerpt

• Farm debt mediation act s.21 notice requirements
• S.22 nullity remedy
• Definition of "farmer" and commercial purpose
• Eligibility for stay under s.5 and insolvency under s.6
• Notice sufficiency and form
• Remedial statutory interpretation

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R. v. Crawford

Court

Supreme Court of British Columbia

The court dismissed a summary conviction appeal challenging Abbotsford’s commercial-vehicle zoning bylaw, upheld the convictions, and refused to admit fresh evidence.

• Zoning bylaw
• Ultra vires
• Ministerial approval under local government act
• Agricultural land reserve consistency
• Definition of farm business
• Admissibility of fresh evidence (palmer)

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Dell v. Zeifman Partners Inc.

Court

Court of Appeal for Ontario

The Ontario Court of Appeal upheld the striking of a contempt motion against non-parties and dismissed the appeal, while granting leave on costs but rejecting the costs appeal.

• Contempt
• Motion to strike
• Indemnity costs
• Normal farm practices protection board
• In personam orders
• Costs

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West Creek Farms Ltd. v. Langley (Township)

Court

Supreme Court of British Columbia

The court set aside a Township zoning decision refusing West Creek Farms’ site-specific rezoning, finding the reasons unreasonable, but rejected bias, paramountcy, and permitted-use arguments.

• Zoning
• Agricultural land reserve (alr)
• Agricultural land commission act s.46
• Reasonableness review (vavilov)
• Conflict of interest under community charter
• Statutory injunctions to enforce bylaws

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Primary Poultry Processors Association of British Columbia v. British Columbia Farm Industry Review Board

Court

Supreme Court of British Columbia

Judicial review of BC poultry pricing decision dismissed. The court upheld the Farm Board’s cost-of-production formula and struck some evidence as inadmissible.

• Supply management
• Pricing formula
• Procedural fairness
• Standard of review
• Standing
• Bias

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Bank of Nova Scotia v. Reed

Court

Court of Appeal for Ontario

Appeal dismissed: summary judgment was properly granted because the appellant had access to and relied on the relevant documents and undertakings; the appellant's ongoing acknowledgements and payments restarted the limitation period under s.13 of the Limitations Act; the appellant was not a "consumer" under the CPA because the credit was for farming operations; the FDMA stay does not extend to an appeal brought by the debtor, but enforcement provisions of the underlying judgment are stayed pending mediation.

Source excerpt

• Summary judgment
• Limitation periods
• Consumer protection act application
• Farm debt mediation
• Security enforcement
• Costs

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The Corporation of the District of Saanich v. Kinney

Court

Supreme Court of British Columbia

The Court granted in part a municipal by-law enforcement petition over ALR property use, finding zoning and business by-law breaches involving RV lodging, business use, and secondary suites.

• By-law enforcement
• Injunction
• Non-conforming use
• Alr use regulation
• Business licensing
• Occupancy permits

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Canada v. Briggs

Court

Federal Court

Default judgment was granted to Canada for unpaid Advance Payment Program advances, with interest and costs awarded against Mark Ernest Briggs.

• Advance payment program
• Ministerial guarantee and subrogation
• Default judgment
• Interest on judgment
• Costs assessment
• Default-judgment

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Reliable Mortgages Investment Corp. v. Branconnier

Court

Supreme Court of British Columbia

The court dismissed an application for FDMA protection, finding the applicant had not proved she was a farmer engaged in commercial farming.

• Farm debt mediation act
• Definition of "farmer"
• Foreclosure
• Order nisi
• Service of notice (s.21 fdma)
• Costs

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