Haney Ranching Ltd. v. Canada ( Minister of Agriculture )
T-1734-94 / T-1735-94
Gibson J.
14/11/95
15 pp.
Judicial review of denial of applicants' appeals of decisions declaring ineligible for stabilization payments substantial transactions in slaughter-weight cattle in respect of which stabilization payments already made-Applicants found liable for substantial repayments-Committee stating stabilization on sales contrary to stated purpose of National Tripartite Stabilization Program for Beef, i.e. to reduce income loss to producers due to market risk-Sale and purchase of animals of similar weight and value not involving producers in any material market risk-(1) National Tripartite Committee for Beef "federal board, commission or other tribunal" within meaning of Federal Court Act, s. 2-Decisions subject to judicial review-(2) Committee under duty to act fairly-Committee breached duty of fairness-If Committee relying solely on written record disclosed to applicants and on material provided in response by applicants, no breach of duty of fairness arising out of failure to provide hearing-But draft record of discussion in Committee disclosing consideration of matters not disclosed to applicants and to which applicant given no opportunity to respond-Also disclosing participation of individual in position to argue case in favour of decisions under appeal without providing applicants with reasonable, or even any, opportunity to respond-Essentially respondent to appeals given oral hearing while applicants/appellants not-Applications allowed-Appeals referred back to respondent for redetermination-Agricultural Stabilization Act, R.S.C., 1985, c. A-8, s. 13 (as enacted by R.S.C., 1985 (1st Supp.), c. 40, s. 8)-Farm Income Protection Act, S.C. 1991, c. 22-Federal Court Act, R.S.C., 1985, c. F-7, s. 2 (as am. by S.C. 1990, c. 8, s. 1).