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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.
