R. Benjamin Mills

The plaintiff, a manufacturer of formic acid pest control products for honey bees, brought an action against the federal Crown alleging misfeasance in public office, negligent misrepresentation, injurious falsehood, and intentional interference with economic relations.

The claims arose from the Pest Management Regulatory Agency's (PMRA) decisions to permit the continued use of unregistered 65% formic acid, grant emergency use registrations for competitor products, and require the plaintiff to register its products.

Both parties moved for summary judgment.

The court dismissed the plaintiff's motion and granted the defendants' motion, dismissing the action.

The court found no evidence of deliberate or unlawful conduct by PMRA officials, no intent to harm the plaintiff, and no private law duty of care owed by the regulatory agency to the plaintiff.

The plaintiff, a national human resources association, brought a motion for summary judgment against the defendant, a provincial association that withdrew its membership, for unpaid membership levies and exam fees.

The defendant admitted the exam fees but disputed the membership levies, arguing the budget was improperly passed, and claimed a set-off for its share of the plaintiff's accumulated Members' Equity.

The court found the levies were lawfully passed but reduced the amount by 30% based on actual corporate needs.

The court dismissed the defendant's claim for set-off, finding that neither legal nor equitable set-off applied because the plaintiff's Board of Directors had not taken action to allocate or distribute the Members' Equity.