A Saskatchewan judge has reserved decision on whether to allow a lawsuit against the Canadian Wheat Board to proceed.
A Court of Queen’s Bench judge in Regina heard arguments last week on a motion by the board to strike a statement of claim filed against it by Edenwold, Sask., farmer Rod Flaman.
Flaman’s suit, filed against the CWB’s board of directors in July, challenges the so-called “buy-back” procedure for farmers wishing to export their own grain.
He wants the court to order the agency to issue him an export licence without having to go through the buy-back, officially called the producer direct sales program.
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The claim asks for $9,000 in damages, based on financial losses Flaman says resulted from the board’s program, plus legal costs.
In response, the board filed the notice of motion, which was argued in Regina Sept. 16.
It raises a number of technical legal issues, arguing that: the statement of claim should be struck because it fails to disclose a reasonable cause of action against individual directors; Flaman used an improper document to initiate the suit; and several paragraphs of the statement violate accepted legal procedures.
The CWB declined to comment on last week’s hearing.
Flaman said the judge indicated three possible decisions could be handed down: she could allow the statement of claim to stand; she could deny it and require Flaman to start over; or she could require him to make amendments and submit it again.
There was no indication when the judgment would be handed down.
