2 total
Summary judgment granted against defaulting agricultural producer for AMPA advance repayment.
The Plaintiff brought a motion for summary judgment to recover an unpaid advance made to the Defendant under the Agricultural Marketing Programs Act.
The Defendant argued the claim was statute-barred, governed by a provincial limitation period, and that interest should be reduced due to delay.
The Federal Court granted summary judgment, finding no genuine issue for trial.
Consistent with recent Federal Court of Appeal jurisprudence, the Court held the AMPA governed the claim, the action was commenced within the six-year limitation period from the date of subrogation, and there was no basis to reduce the interest.
Summary judgment partially granted; imprecise 'on or about' date raised genuine issue on limitation period.
The Minister of Agriculture sought summary judgment to recover amounts paid under a guarantee for agricultural advances.
The defendants opposed, arguing the limitation period may have expired for the first advance because the payment date was imprecisely sworn as 'on or about July 31, 2014.' The Court found this created a genuine issue for trial for the first advance but granted summary judgment for the second advance, where the timing was not in issue.
