36205 Ferme Vi-Ber Inc. v. Financière Agricole du Québec - and - Simon Cloutier, et al. v. Financière Agricole du Québec (Agriculture – Contracts – Insurance – Administrative law – Farm Income Stabilization)

On appeal from the Quebec Court of Appeal. The applicants are farm businesses that participated in the Farm Income Stabilization Insurance Program (the “ASRA Program”) administered by the respondent, the Financière agricole du Québec, under the Act Respecting La Financière Agricole du Québec, R.S.Q., c. L 0.1. The goal of the ASRA Program is essentially to provide program participants with a positive annual income regardless of market fluctuations. When the market price is lower than the production costs, the Financière pays participants compensation the amount of which is based on the parameters of a typical farm. The applicants sought over $15 million in compensation from the respondent for the year 2007. The Superior Court allowed the applicants’ actions, but the Court of Appeal set aside this decision.

36210 Michel Lafortune, et al. v. Financière agricole du Québec (Agriculture – Contracts – Insurance – Administrative law – Farm Income Stabilization)

On appeal from the Quebec Court of Appeal. The applicants are hog and piglet producers that participated in the Farm Income Stabilization Insurance Program (the “ASRA Program”) administered by the respondent, the Financière agricole du Québec, under the Act Respecting La Financière Agricole du Québec, R.S.Q., c. L-0.1. The goal of the ASRA Program is essentially to provide program participants with a positive annual income regardless of market fluctuations. When the market price is lower than the production costs, the Financière pays participants compensation the amount of which is based on the parameters of a typical farm. The applicants are claiming over $77 million, which represents the compensation to which they consider to be entitled for the years 2006, 2007 and 2008. The Superior Court dismissed the applicant’s action, and the Court of Appeal upheld this decision.