A group of more than 200 current and former Saskatchewan elk producers is taking another run at getting compensation from the provincial government.
The group is pursuing its second class action lawsuit against the government in the past six years. It’s unlikely to be resolved soon.
“These kinds of things can go for a long time,” said Roger Holland, a former elk producer from Maidstone, Sask., and spokesperson for the group.
He said the group is likely looking at next spring before there are any new developments.
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The case first went to court in 2004, alleging government negligence and failure to obey a court order. It was dismissed on the grounds that governments are immune from negligence claims.
The Supreme Court agreed to hear an appeal in August 2007 and in July 2008 it issued a decision rejecting the farmers’ negligence argument but accepting their court order argument.
The farmers applied again for the right to pursue a class action suit on the court order issue and that was granted by provincial court Jan. 28, 2010.
“So now we’re back in action,” said Holland.
He added he thinks the parties involved would prefer to negotiate an out-of-court settlement.
The case involves how the Saskatchewan government dealt with elk producers after chronic wasting disease was discovered in the province.
In 2003, the farmers lost their government- assigned herd status or were refused a higher herd status because they refused to sign a form that contained release and indemnity clauses.
As a result, the farmers were unable to sell their animals and lost hundreds of thousands of dollars.
A judge issued a court order that the government couldn’t downgrade herd health status and should restore status and pay compensation. The government refused, leading to the class action suit.
The suit is based on four issues:
• Did the government owe to each member of the class a duty to follow the judicial order?
• If so, did the government breach that standard of care?
• If the plaintiffs suffered financial damages as a result, can they be assessed on an aggregate basis, what is the amount owed and how should it be distributed?
• If there are damages, can they be assessed on an individual basis and how should they be determined?
The suit automatically includes all cervid farmers whose herd status was reduced or who were denied a herd status greater than “surveillance” when the farmers refused to accept the terms of the form they were required to sign as of Dec. 3, 2004.
Any producer wishing to opt out of the suit must fill out a form on the website www.greenformclassaction.ca and mail it to Crawford Class Actions Services by Oct. 26, 2010.
