Hunt (David) Farms Ltd. v. Canada (Minister of Agriculture), (1994) 167 N.R. 116 (FCA)

• Judge: Stone, Robertson and McDonald, JJ.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: February 08, 1994
• Jurisdiction: Canada (Federal)
• Citations: (1994), 167 N.R. 116 (FCA)

Hunt Farms Ltd. v. Can. (1994), 167 N.R. 116 (FCA)

MLB headnote and full text

David Hunt Farms Ltd. (applicant/appellant) v. Minister of Agriculture (respondent/respondent)

(A-44-94)

Indexed As: Hunt (David) Farms Ltd. v. Canada (Minister of Agriculture)

Federal Court of Appeal

Stone, Robertson and

McDonald, JJ.A.

February 8, 1994.

Summary:

In 1986 officials in the United Kingdom diagnosed a fatal neurological disorder in adult cattle known as "Mad Cow Disease". In 1990 Canada banned the importation of cattle from the U.K. In 1988, two years prior to the ban, a farmer imported into Canada two cows from the U.K. In 1993 the Minis­ter of Agriculture directed the destruction of all cattle imported from the U.K. between 1986 and 1990. On January 10, 1994 a statutory notice was directed to the farmer compelling him to deliver the two cows for destruction. The farmer applied for judicial review and for an interim injunction against the Minister.

The trial judge dismissed the application for an interlocutory injunction. The trial judge did not prepare written reasons and his oral reasons were not recorded. The farmer appealed.

The Federal Court of Appeal allowed the appeal and ordered the issue of an interim injunction on terms (see paragraphs 30 and 31).

Injunctions - Topic 1606

Interlocutory or interim injunctions - Balance of convenience - The Minister of Agriculture ordered the destruction of two cows that were imported from the U.K. where there was an outbreak of "Mad Cow Disease" - The farmer who owned the cows applied for judicial review of the Minister's decision and also applied for an interim injunction against the Minister - The Federal Court of Appeal considered the balance of convenience and ordered the issue of an interim injunction - The court noted the agreement of the Minister to a delay pending judicial review in a pending similar case where the Minister had ordered the destruction of cattle (see para­graphs 26 to 29).

Injunctions - Topic 1802

Interlocutory or interim injunctions - Requirement of irreparable injury - What constitutes - The Federal Court of Appeal stated that where a public authority is prevented from exercising its statutory powers the public interest suffers irrepar­able harm (see paragraph 19).

Cases Noticed:

Turbo Resources Ltd. v. Petro Canada Inc., [1989] 2 F.C. 451; 91 N.R. 341 (F.C.A.), refd to. [para. 1].

American Cyanamid Co. v. Ethicon Ltd., [1975] A.C. 396; [1975] 1 All E.R. 504 (H.L.), refd to. [para. 13].

Canada v. Fishing Vessel Owners' Associ­ation of British Columbia, [1985] 1 F.C. 791; 61 N.R. 128 (F.C.A.), refd to. [para. 18].

Yong, Eng Mee v. Letchumanan, [1980] A.C. 331 (P.C.), refd to. [para. 22].

Nintendo of America Inc. et al. v. Camer­ica Corp. et al. (1991), 127 N.R. 232 (F.C.A.), refd to. [para. 24].

Statutes Noticed:

Health of Animals Act, S.C. 1990, c. 21, sect. 50 [para. 15].

Authors and Works Noticed:

Sharpe, Robert J., Injunc­tions and Specific Performance (2nd Ed. 1993), p. 2-24, para. 440 [para. 21].

Counsel:

Robert L. Armstrong, for the applicant;

John Vaissi Nagy and Neelam Jolly, for the respondent.

Solicitors of Record:

Meighen Demers, for the applicant;

John C. Tait, Q.C., Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondent.

This appeal was heard at Ottawa, Ontario, on February 4, 1994, before Stone, Robertson, and McDonald, JJ.A., of the Federal Court of Appeal.

The following decision was delivered in Vancouver, British Columbia, on February 8, 1994, by Robertson, J.A.