Key Facts:

• Paradis Honey Ltd, a seventh-generation apiary near Girouxville, Alberta, takes hives to BC for pollination contracts every spring.
• AFSC offers linked AgriStability and AgriInsurance plans, requiring bees to be back in Alberta by May 31 for coverage.
• This new deadline, changed in 2016 without consultation, was reverted to June 20 in 2021 due to producer opposition.
• Paradis could not meet the May 31 deadline, affecting their best practices and BC contracts.
• Consequently, Paradis did not obtain AgriInsurance for 2018 and 2020, suffering financial losses of $94,305 and $99,188 respectively.
• AgriStability benefits were reduced by 70% plus insurance premiums due to non-compliance.

Legal Issues:

• Paradis Honey Ltd sought relief from forfeiture due to inability to comply with the changed deadline.
• Relief from forfeiture is considered under section 10 of the Judicature Act and section 520 of the Insurance Act.
• The Court examined whether the deemed benefits clause could be considered unconscionable or if the non-compliance was inadvertent or deliberate.

Court's Analysis:

• The Court found that the clause in question was clear and not ambiguous.
• Relief from forfeiture requires consideration of the applicant's conduct, the breach's gravity, and the disparity between forfeited property value and damage caused by the breach.
• The non-compliance by Paradis was deliberate and not due to imperfect compliance.
• The jurisdiction to grant relief from forfeiture is limited to contractual penalties and forfeitures, not statutory ones.
• The Court concluded that AFSC's decision, whether ill-advised or not, does not qualify for relief under the given legal principles.

Disposition:

• The application by AFSC to dismiss Paradis Honey Ltd’s claim was allowed.
• The case was dismissed.