The plaintiff brought a motion for a preliminary determination of two questions of law regarding a subrogated claim for indebtedness under the Agricultural Marketing Programs Act (AMPA).
The Court held that the Manitoba Pork Credit Corporation was an "administrator" within the meaning of s. 2(1) of AMPA, as it is a legal person with the power to sue and be sued in its own name, regardless of extra-provincial registration in Alberta.
The Court also determined that the individual defendants' execution of the repayment agreement constituted an indemnity, not a guarantee, rendering them personally liable despite lacking a certificate under Alberta's Guarantees Acknowledgement Act.
