AGRICULTURE — Farms — Financing — Price supports and guarantees

Law360 Canada (July 15, 2024, 11:46 AM EDT) -- Motion by Plaintiff for summary judgment to recover a certain amount plus interest and cost against the Defendants. The Corporate Defendant (“Wimmer Brook”) applied to the Canadian Canola Growers Association (“CCGA”) for an advance payment for the crop year and entered into a Repayment Agreement with CCGA. Wimmer Brook received the Advance Payment from CCGA. The Individual Defendant (“Pylatuke”), as President and sole shareholder of Wimmer Brooks, executed a Liability Agreement assuming personal liability for any advance payments received by Wimmer Brooks. On three occasions, CCGA advised the Defendants that the Advance Payment was in default status and requested repayment of the outstanding amount plus interest and costs under the Repayment Agreement. The Minister of Agriculture and Agri-Food (“Minister”), the guarantor for the advances, paid the outstanding balance with respect to the Advance Payment to CCGA and then sent notices to Wimmer Brooks of the outstanding balance. The Defendants contested the motion and alleged that the action was brought outside the limitation period. In the alternative, they argued that the Plaintiff applied the incorrect interest rate on the outstanding balance and that Pylatuke should not be personally liable for any amounts that Wimmer Brooks owed....
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