Agricultural Law NetLetter - Saturday, July 7, 2018

HIGHLIGHTS

* A Justice of the Alberta Court of Queen's Bench has summarily dismissed the claims of two Alberta seed potato growers who sought damages against the CFIA on the ground that the CFIA was allegedly negligent in testing for the presence of Potato Cyst Nematode ("PCN"). Based on alleged false positive PCN tests, the CFIA had required the potato growers to destroy their seed potato crops, and prevented them from producing or selling seed potatoes. Both potato producers had applied for and received funding pursuant to a Seed Potato Assistance program partially funded by the Federal Government, which had been established to compensate potato growers for losses sustained as a result of PCN destruction orders and quarantines, and the closure of the US and Mexican borders to the export of Alberta seed potatoes. The claims were summarily dismissed based on the provisions of s. 9 of the Crown Liability and Proceedings Act which provides that "no proceedings lie