EDWARD ANDREW DENNIS, HAROLD BELL, NATHAN VICTOR MACKLIN v. IAN, 2014 FCA 232

Date: 20141015 Docket: A-436-13 Citation: 2014 FCA 232 CORAM: NADON J.A. GAUTHIER J.A. WEBB J.A. BETWEEN: EDWARD ANDREW DENNIS, HAROLD BELL, NATHAN VICTOR MACKLIN AND IAN LORNE MACCREARY Appellants and HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY THE ATTORNEY GENERAL OF CANADA, HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF AGRICULTURE AND AGRIFOOD AND THE CANADIAN WHEAT BOARD Respondents Heard at Ottawa, Ontario, on October 15, 2014. Judgment delivered from the Bench at Ottawa, Ontario, on October 15, 2014. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.

Date: 20141015 Docket: A-436-13 Citation: 2014 FCA 232 CORAM: NADON J.A. GAUTHIER J.A. WEBB J.A. BETWEEN: EDWARD ANDREW DENNIS, HAROLD BELL, NATHAN VICTOR MACKLIN AND IAN LORNE MACCREARY Appellants and HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY THE ATTORNEY GENERAL OF CANADA, HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF AGRICULTURE AND AGRIFOOD AND THE CANADIAN WHEAT BOARD Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on October 15, 2014). NADON J.A. [ 1 ] Despite Mr.

Shrybman’s forcefull submissions, we are of the view, substantially for the reasons given by Madam Justice Tremblay-Lamer in her decision of November 29, 2013, that the appellants’ claims for expropriation and breach of trust, the only claims pursued by the appellants in their appeal, should be struck. [ 2 ] As concerns the cross-appeal, we have not been persuaded that we should interfere with the judge’s conclusion that the mismanagement claims should not be struck. [ 3 ] For these reasons, the appeal and the cross-appeal will be dismissed with costs.

"M Nadon" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-436-13 STYLE OF CAUSE: EDWARD ANDREW DENNIS, HAROLD BELL, NATHAN VICTOR MACKLIN AND IAN LORNE MACCREARY v. HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY THE ATTORNEY GENERAL OF CANADA, HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA, AS REPRESENTED BY THE MINISTER OF AGRICULTURE AND AGRIFOOD AND THE CANADIAN WHEAT BOARD PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: October 15, 2014 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. GAUTHIER J.A. WEBB J.A. DELIVERED FROM THE BENCH BY: NADON J.A.

APPEARANCES : Steven Shrybman Ben Piper Anders Bruun For The Appellants Mark Kindrachuk Jennifer Souter For The Respondents Lawrence Thacker For The Respondents SOLICITORS OF RECORD : SACK GOLDBLATT MITCHELL LLP Ottawa, Ontario For The Appellants William F. Pentney Deputy Attorney General of Canada Ottawa, Ontario For The Respondents

LENCZNER SLAGHT ROYCE SMITH GRIFFIN LLP Toronto, Ontario For The Respondents