David Hunt Farms Ltd. v. Canada ( Minister of Agriculture )
A-120-94
Mahoney J.A.
12/5/94
4 pp.
Appeal from refusal of Trial Judge (Hunt (David) Farms Ltd. v. Canada (Minister of Agriculture) (1994), 74 F.T.R. 270) to quash decision to destroy two cows imported by appellant from United Kingdom to Canada -- Decision by doctor under Health of Animals Act, s. 33 to destroy cows as contaminated by epidemic disease -- Whether doctor's discretion had been fettered -- Conclusion doctor had no relevant discretion unassailable -- Application for judicial review seeking for discretionary remedy on basis Trial Judge disposed of application on different ground than what parties submitted -- Barring statutory exception, applicant must satisfy Court discretion ought to be exercised whatever position of respondent -- While Trial Judge disposed of fettered discretion issue in unexpected fashion, issue nevertheless disposed of -- No error by Trial Judge -- Appeal dismissed -- Health of Animals Act, S.C. 1990, c. 21, ss. 33, 48(1).