Executive Summary: Key Legal and Evidentiary Issues

• The dispute concerned whether the Department of Agriculture’s funding decision under the 2023 Season Response Program was unreasonable given Mac Berry Farms’ lack of crop insurance.

• The Province argued the judicial review application was moot because the program had ended and its funds were exhausted.

• The court found no live controversy as no additional funds were available under the program to award Mac Berry Farms even if eligibility were redetermined.

• Mac Berry Farms suggested unused funds might exist but provided no evidence to support this claim.

• The court rejected the argument that a fiduciary duty required the Province to pay additional funds in a redetermination.

• The judicial review was dismissed on grounds of mootness, and the court declined to exercise discretion to hear the case.

Facts of the case

Mac Berry Farms Limited suffered economic losses as a result of weather conditions during the 2023 production season. The farm applied for financial assistance under the Nova Scotia Department of Agriculture’s 2023 Season Response Program, which aimed “to assist Nova Scotia Farmers to recover from crop production and financial losses due to the extreme weather conditions experienced in the 2023 production season.” The program, launched in February 2024 with an application deadline of March 13, 2024, based funding on loss from flood, excessive precipitation or wildfires, availability of crop insurance or other emergency funding, enrollment in crop insurance and agri-stability, and farm income level.

Mac Berry Farms applied for the maximum funding of $150,000 but was awarded only $21,263, as conveyed in a letter dated June 4, 2024. The farm was informed it was ineligible for the full amount because it did not have crop insurance. While Mac Berry Farms acknowledged it did not apply for crop insurance, it argued that such insurance would not have covered its loss.

Judicial review application

On July 12, 2024, Mac Berry Farms filed an application for judicial review, asserting that the Department’s decision was unreasonable. The farm contended that the Department improperly reduced the benefit by considering crop insurance that would not have provided compensation. Mac Berry Farms sought an order for a new loss calculation without factoring in the absence of crop insurance.

Policy terms and disputed clauses

The case involved the 2023 Season Response Program guidelines, which considered crop insurance enrollment and other emergency funding availability when determining funding eligibility. Mac Berry Farms challenged the reduction of its benefit on the basis that crop insurance would not have provided payment even if obtained.

Outcome of the court decisions

The Province moved to dismiss the judicial review on the basis of mootness, arguing that the 2023 Season Response Program no longer existed and that its funds were exhausted. The court accepted unchallenged evidence that the program’s initial $9.2 million allocation and an additional $3.5 million negotiated with the Nova Scotia Federation of Agriculture had been fully distributed. The court concluded that no redetermination of eligibility could result in further funds for Mac Berry Farms. Mac Berry Farms’ suggestion that funds might exist from clawbacks was unsupported by evidence. The court also rejected the argument of a fiduciary duty requiring the Province to pay additional funds. As no live controversy remained, the application for judicial review was dismissed as moot. Each party was to bear its own costs.

No monetary award, costs, or damages were granted or ordered.