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ARTICLE · 15 APRIL 2016

Agricultural Law NetLetter - April 7 2016

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A Justice of the Ontario Superior Court of Justice dismissed a farmer's application to set aside a Settlement Agreement and an Order discharging a Receiver.

CanadaReal Estate and Construction

HIGHLIGHTS

* A Justice of the Ontario Superior Court of Justice dismissed a farmer's application to set aside a Settlement Agreement and an Order discharging a Receiver. The farmer alleged a series of misrepresentations by the Receiver which induced the farmer to enter into the Settlement Agreement and consent to the discharge Order. The Justice concluded that the detailed and complete disclosure by the Receiver and all relevant facts in reports submitted to the Court and the farmer's lawyer when the discharge Order was granted was a complete answer to the farmer's allegations of misrepresentation. The Court also granted summary judgment to a Bank and the Receiver dismissing the farmer's $30 million claim against them. The Court relied on a series of standard terms in several Forbearance Agreements (entered into following a Farm Debt Mediation), including an entire agreement clause, acknowledgements of no claims or set offs and broadly worded releases. [Editor's note:

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