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SCC Decision: July 11, 2008

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Holland v. Saskatchewan, 2008 SCC 42
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(Tort / Negligence / Crown liability)
H represents a group of farmers whose herd status was downgraded when they refused to register in a federal program to prevent chronic wasting disease in herds.  The farmers challenged the broad wording of the registration form, and on judicial review obtained a declaration that the government acted unlawfully in downgrading their herd status.  The government did not restore the farmers' herd status.  The farmers began a class action against the Minister, and the government brought motions to dismiss the claim.  The Court held that the claims against the government for negligently acting outside their lawful mandate should be struck out, but that a claim based on failure to implement a judicial decree should be allowed to proceed.
Majority/Dissent: 7/0