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ARTICLE · 06 NOVEMBER 2015

Agricultural Law NetLetter - Wednesday 21 October 2015 - Issue 334

Miller Thomson
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A Master of the Alberta Court of Queen's Bench has dismissed applications to strike a Statement of Claim and for summary judgment brought by the Canadian Food Inspection Agency against two Alberta seed potato growers.

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HIGHLIGHTS

A Master of the Alberta Court of Queen's Bench has dismissed applications to strike a Statement of Claim and for summary judgment brought by the Canadian Food Inspection Agency against two Alberta seed potato growers. The CFIA had imposed quarantines on the seed growers' fields; directed the destruction of seed inventories and closed the Canada-U.S./Mexico borders to seed potato exports based on 2007 test results which indicated the presence of Potato Cyst Nematode in the potato growers' fields. The presence of Nematodes could not be verified through subsequent tests. The potato growers sued for damages alleging negligence. The CFIA argued that the potato growers could not advance a claim because they had received federal assistance for their loss pursuant to a Seed Potato Assistance Program established to compensate growers for their losses and that the claim was therefore barred by the provisions of the Federal Crown Liability and Proceedings Act. The

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