The plaintiff Minister moved for summary judgment to recover agricultural advance payments made to the corporate defendant under the Agricultural Marketing Programs Act.
The corporate defendant had defaulted on the repayment agreements.
The defendants argued the agreements were void due to unauthorized alterations made by the program administrator to the application documents.
The Federal Court granted summary judgment against the corporate defendant, finding that by its subsequent conduct and execution of settlement agreements, it had legally agreed to repay the advances and there was no genuine issue for trial.
However, the Court dismissed the action against the individual defendants, finding that the joint and several guarantees they executed were unenforceable because they failed to comply with the mandatory execution requirements under s. 31 of the Saskatchewan Farm Security Act.
