Federal Court Decisions

Date: 20051130

Docket: P-76-92

Citation: 2005 FC 1624

BETWEEN:

DIAMOND HILL FARMS

Appellant

and

THE MINISTER OF AGRICULTURE

Respondent

REASONS FOR ORDER

PHELAN J.

[1]                This is an appeal pursuant to section 40 of the Plant Protection Act, S.C. 1990, c. 22 (the "Act") regarding the disposition by the Respondent Minister of the Appellant's claim for compensation under the Act and the Plant Quarantine Regulations, SOR/91-606.

[2]                The Appellant's complaint, in a nutshell, is that he should be compensated for 100% of his losses, rather than the 80% of certain permitted losses; and that he should be compensated for the costs of pesticides used in the destruction of his crop.

[3]                This case has a somewhat different twist to the majority of cases arising out of the quarantine of PEI potatoes due to the suspected PVYn virus (tobacco veinal necrosis strain of potato virus Y). In the Appellant's case, the 1990 crop of potatoes was still in the field when he was ordered to destroy the crop by using chemicals for "top-kill".

[4]                The Appellant complains that the destruction of his crop was unnecessary because it was ultimately determined that his crop did not have the virus. He claims that he suffered the crop loss due to faulty science by the Respondent's officials. This might be the subject of a different claim against the Respondent but it cannot be part of this appeal.

[5]                The Appellant was paid $87,000 under the formula established in the Plant Quarantine Regulations. Section 16(1) of the Regulations limits the loss payable to "an amount not exceeding 80 per cent of the value of the plant or other matter destroyed".

[6]                The Appellant's compensation base was calculated on the basis of his measured fields area times the permitted maximum of $2,500 per hectare. There is no provision in the Regulations to permit inclusion of the cost of chemicals used for destruction of crops. He received the maximum compensation permitted under the Regulations.

[7]                Therefore, given the limits on compensation imposed by the Regulations, this appeal must be dismissed.

[8]                There will be no award of costs against the Appellant despite having lost this appeal.

"Michael L. Phelan"

PLANT PROTECTION REGISTRAR OF APPEALS

NAME OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           P-76-92

STYLE OF CAUSE:                           Diamond Hill Farms

                                                            and

                                                            The Minister of Agriculture

PLACE OF HEARING:                     Charlottetown, Prince Edward Island

DATE OF HEARING:                       November 22, 2005

REASONS FOR ORDER:                The Honourable Mr. Justice Phelan, Deputy Assessor

DATED:                                              November 30, 2005

APPEARANCES:

Hollis Newson	FOR THE APPELLANT
Sandra Doucette	FOR THE RESPONDENT

SOLICITORS OF RECORD:

N/A	FOR THE APPELLANT
JOHN H. SIMS, Q.C. Deputy Attorney General of Canada Ottawa, Ontario	FOR THE RESPONDENT