ANIMALS |
Cervinus Inc. v. Canada (Minister of Agriculture)
T-2690-92
O'Keefe J.
20/12/00
52 pp.
Actions for damages (Cervinus for $3,551,135; Coldstream for $6,558,082) against Crown arising out of decision by Agriculture Canada to order removal from Canada of two herds of New Zealand red deer recently imported by plaintiffs--Presence of Elaphostrongylus cervi (E. cervi), viral condition potentially fatal to some Canadian animals, in three deer--Plaintiffs destroyed herds as patriating deer to New Zealand prohibitively expensive--Plaintiffs subsequently applied for compensation from Minister under Health of Animals Act, s. 51--Compensation denied pursuant to Act, s. 54--Actions allowed in part--Given life cycle of E. cervi parasite: must pass through intermediate host (snail or other mollusc) in order to patently infect ultimate host (red deer)--On facts, three deer not infected with E. cervi--Other members of herd not infected with E. cervi--Act giving inspector authority to order removal of animal, if believes, on reasonable grounds, animals are, or could be, infected by disease--Import permits herein not contracts--If plaintiffs can satisfy burden of proving negligence, with all components necessary (absence of reasonable grounds for belief, negligently believed reasonable grounds existed), damage would not have been caused by anything done by or under Health of Animals Act, and section would clearly not bar recovery--In light of provisions of Health of Animals Act and Crown Liability and Proceedings Act, Agriculture Canada did have reasonable grounds for believing three deer were, or could have been infected by disease--Decision to slaughter animals, in so far as done pursuant to order of Agriculture Canada, lawful--No compensation due in respect of three deer found to be shedding larvae--However, with respect to balance of herd animals, no reasonable grounds for believing animals were, or could have been infected with disease--Decision to order removal negligently made--Belief, if any, could only have been arrived at through reckless and negligent thinking and decision making--Duty owed to plaintiffs not to make reckless or capricious decision--Standard of care due to plaintiffs clearly breached herein--Waiver relied upon by defendant not operative to foreclose on plaintiffs' cause of action--Quantum--On evidence, Cervinus awarded $783,750 for market value of deer herd; $21,000 for six red stags; $50,000 for quarantine loss; prejudgment interest; costs of action--Coldstream awarded $583,780 for herd; $5,762 for loss on sale of equipment; $25,574 for depreciation on equipment; $68,014 for loss on sale or write-off of equipment; prejudgment interest; costs of action--Health of Animals Act, S.C. 1990, c. 21, ss. s. 51, 54--Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50.