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Compensation for depopulated elk herd is limited to market value, not replacement cost.
The appellants' elk herd was destroyed due to chronic wasting disease under the Health of Animals Act.
The Minister awarded compensation based on market value, relying heavily on an industry expert's assessment.
The appellants appealed, arguing for higher compensation based on replacement cost and economic models, and relying on AgriStability values.
The Federal Court dismissed the appeal, holding that the Act limits compensation to market value at the time of depopulation, not replacement cost or lost profit.
The Court found the Minister's valuation, which considered slaughter value, age cohorts, and the limitations of the Saskatchewan market, to be fair and reasonable.
