Executive Summary: Key Legal and Evidentiary Issues

• Crown sought summary judgment to recover a federally guaranteed agricultural advance under the Agricultural Marketing Programs Act after the producer’s default.

• Evidence showed the defendant received a $400,000 advance, repaid only $6,000, and remained in default while interest accrued under the repayment terms.

• The Minister paid the administrator in 2021, became subrogated to its rights, and the Crown’s action was commenced within the six-year limitation period in subsection 23(4) of the AMPA.

• The defendant’s Statement of Defence contained bare denials and an unparticularized allegation of miscalculation, unsupported by any affidavit or documents.

• The court held there was no genuine issue for trial given the unchallenged evidence of the debt, the valid subrogation, and the contractual interest claim.

• Summary judgment was granted in favour of the Crown for $631,455.07 plus interest and fixed costs of $1,898.18.

Facts and background of the case
His Majesty the King in Right of Canada, on behalf of the Minister of Agriculture and Agri-Food, sued Cole Vance Fouillard to recover a debt arising from an advance issued under the Agricultural Marketing Programs Act (AMPA). For the 2017–2018 program year, the defendant applied to Manitoba Livestock Cash Advance Inc. and received a $400,000 advance, less an administration fee, to support his agricultural operations. He defaulted effective April 1, 2019 and made only $6,000 in voluntary payments thereafter, while interest accrued under the advance payment agreement. In 2019, defence counsel acknowledged that the defendant could not meet the required payments, effectively confirming the existence of the debt. On March 31, 2021, the Minister paid the remaining balance to the administrator under the statutory guarantee, becoming subrogated to its rights. The Crown then sent multiple demand letters for repayment. By November 6, 2025, it calculated the defendant’s indebtedness at $631,455.07, and the action was commenced in January 2025, within the six-year limitation period running from the 2021 subrogation date.

Summary judgment framework and analysis
The Crown moved for summary judgment under the Federal Courts Rules, which permit judgment where there is no genuine issue for trial and support early dismissal of claims or defences with no realistic prospect of success. The court reviewed the Crown’s evidence: the advance application and payment, the default, the limited repayments, the Minister’s guarantee payment and resulting subrogation, the calculation of the outstanding amount, and the timely commencement of the action. The defendant filed a Statement of Defence denying liability and vaguely alleging a miscalculation, but he did not provide any evidence or a responding record on the motion. With nothing to contradict the Crown’s documents or figures, the court found that the defendant had not met the evidentiary burden to show a real issue for trial regarding the existence or quantum of the debt, or the limitation period.

Outcome of the case
The court held that the material facts were undisputed on the evidentiary record and that no credibility issues required a trial. It concluded that summary judgment was appropriate and granted judgment in favour of His Majesty the King in Right of Canada against Cole Vance Fouillard in the amount of $631,455.07. Pre-judgment interest was awarded at a per diem rate of $84.38 from November 6, 2025 until the date of judgment, with post-judgment interest at 5% per annum under the Interest Act. The court also ordered the defendant to pay fixed, all-inclusive costs of $1,898.18 to the Crown, making the Crown the successful party in the proceeding.