Corp. les produits de la jardinière v. National Bank of Canada
T-2579-93
Nadon J.
28/3/96
15 pp.
Application for judicial review of Farm Debt Review Board's (Board) decision dismissing application under Act, s. 20, which concerns applications by insolvent farmers for stay of proceedings by creditors-Applicant beginning farming in 1988-Obtaining $25,000 line of credit to begin operating-Also obtaining mortgage loan of $110,000 from National Bank of Canada on purchasing farmland-Temporarily ceasing farming activities in 1992 with intention to resume them-Becoming insolvent in spring of 1993 as result of National Bank's refusal to grant line of credit, which would have enabled it to resume farming activities-Application under Farm Debt Review Act (Act), s. 20(1) not considered as, in Board's view, applicant not farmer within meaning of Act-Motion by Board to alter its status in these proceedings, that is, to cease being respondent, granted-Its memorandum also withdrawn from application record it had filed-Application for judicial review allowed-Word "farmer" must be interpreted liberally-Person continues to be farmer in relation to debt incurred in context of farming activities even if temporarily ceasing to engage in those activities-Farm Debt view Act, R.S.C., 1985 (2nd Supp.), c. 25, s. 20.