Prins (F.) Potatoes Ltd. v. Agriculture Financial Services Corp. et al., (2015) 617 A.R. 308 (QB)

• Judge: Mahoney, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 20, 2014
• Citations: (2015), 617 A.R. 308 (QB);2015 ABQB 335

Prins (F.) Potatoes v. Agriculture Financial (2015), 617 A.R. 308 (QB)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. JN.018

In The Matter Of the Agriculture Financial Services Act, RSA 2000, C A-12

And In The Matter Of the Agriculture Financial Services Corporation Appeal Committee Consisting of Ken Skoberg, John Van Tryp, Allan Forbes, Kevin Leahy and Ron Sereda

And In The Matter Of an Agriculture Financial Services Corporation Appeal Committee Decision Issued December 3, 2012

F. Prins Potatoes Ltd. (applicant) v. Agriculture Financial Services Corporation and Agriculture Financial Services Corporation Appeal Committee (respondents)

(1310 00540; 2015 ABQB 335)

Indexed As: Prins (F.) Potatoes Ltd. v. Agriculture Financial Services Corp. et al.

Alberta Court of Queen's Bench

Judicial District of Red Deer

Mahoney, J.

May 22, 2015.

Summary:

The AgriInsurance Program was a federal-provincial initiative that provided production insurance to Alberta agricultural producers who suffered production losses due to perils as designated in the insurance policy. The Program was administered in Alberta by Agriculture Financial Services Corp. (AFSC). AFSC accepted F. Prins Potatoes Ltd. (Prins) claims for production losses for its 2009 seed potatoes, 2010 canola crops and 2010 seed potatoes, but denied its claims for 2009 Canadian Prairie Spring (CPS) wheat, 2009 canola crops and its 2010 CPS wheat crops. The AFSC explained that the denials were due to Prin's Post Harvest Assessments being incomplete (under-reported sales) and inconsistent with actual crop production. Prins appealed. The Agriculture Financial Services Corporation Appeal Committee (the Committee) made adverse credibility findings against Prins and dismissed the appeal. Prins applied for judicial review. The application raised the following issues: (1) whether the application was barred by rule 3.15(2) of the Alberta Rules of Court because it was not served within six months of the date of the Committee's decision; (2) if rule 3.15(2) was complied with, whether Prins' affidavit was admissible; (3) the appropriate standard of review; (4) whether the Committee erred in dismissing Prins' appeal respecting AFSC's decision to deny Prins' claims respecting its 2009 CPS wheat and canola claims and its 2010 CPS wheat claims; (5) whether the Committee erred in dismissing Prins' appeal respecting AFSC's assessment of its 2009 seed potato claim and/or its 2010 seed potato claim; (6) whether the Committee erred in concluding that it was not the AFSC's common practice to pay claims on sales; and (7) whether the Committee erred in applying different legal standards to Prins and to the AFSC.

The Alberta Court of Queen's Bench dismissed the application for non-compliance with rule 3.15(2). Alternatively, the court would have dismissed the application to admit Prins' affidavit, found the Committee's decision to be reasonable and dismissed the application.

Administrative Law - Topic 3202

Judicial review - General - Scope or standard of review - See paragraphs 30 to 34.

Administrative Law - Topic 3342

Judicial review - General - Practice - Limitation period - See paragraphs 16 to 22.

Administrative Law - Topic 3345

Judicial review - General - Practice - Affidavit evidence - See paragraphs 23 to 27.

Administrative Law - Topic 3345.1

Judicial review - General - Practice - Evidence - New evidence - See paragraphs 23 to 27.

Administrative Law - Topic 9102

Boards and tribunals - Judicial review - Standard of review - See paragraphs 30 to 34.

Insurance - Topic 730

Insurers - Duties - Duty of good faith - See paragraph 63 to 65.

Insurance - Topic 2410

Applicant's duty of disclosure - General principles - Uberrima fides (perfect good faith) - See paragraphs 63 to 65.

Insurance - Topic 3305

Payment of insurance proceeds - Actions - Defences - False statement by insured respecting claim - See paragraphs 39 to 58.

Insurance - Topic 3430

Appraisal or arbitration - Judicial review - See paragraphs 30 to 34.

Insurance - Topic 9661

Crop insurance - The loss - General - See paragraphs 39 to 66.

Insurance - Topic 9665

Crop insurance - The loss - Appraisal of - See paragraphs 59 to 62.

Counsel:

Nolan B. Johnson (Huckvale LLP), for the applicant;

Matthew R. Park (Warren Sinclair LLP), for the respondent, Agriculture Financial Services Corporation;

Craig D. Boyer (Shores Jardine LLP), for the respondent, Agriculture Financial Services Corporation Appeal Committee.

This application was heard on November 20, 2014, by Mahoney, J., of the Alberta Court of Queen's Bench, Judicial District of Red Deer, who delivered the following reasons for judgment at Calgary, Alberta, on May 22, 2015.