Judgments

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Decision Content

T-4576-75
Walter Riske and Herbert Riske on behalf of themselves and all others similarly situated (Plaintiffs)
v.
Canadian Wheat Board (Defendant)
Trial Division, Primrose D.J.—Calgary, Septem- ber 20; Edmonton, October 21, 1976.
Practice — Application for further particulars — Applica tion to strike out statement of claim — Whether Board answerable to private individuals — Canadian Wheat Board Act, R.S.C. 1970, c. C-12, ss. 4(4), 5, 7, 11, 25 and 26 Federal Court Rule, 419.
Defendants applied for further particulars of the statement of claim and for the statement of claim to be struck out and the action dismissed pursuant to Rule 419 on the grounds that it showed no reasonable cause of action.
Held, the application for further particulars of the statement of claim is denied on the grounds that the information sought is within the knowledge of the defendant. The application to strike out the statement of claim is granted. The Board is not responsible to individual producers, but to the Minister and finally to Parliament. Cases where mandamus has been granted are not analogous.
Cercast Inc. v. Shellcast Foundries Inc. [1973] F.C. 28; Pure Spring Company Ltd. v. M.N.R. [1946] Ex.C.R. 471; Robbins v. Ontario Flue-Cured Tobacco Growers' Marketing Board [1965] S.C.R. 431; The Queen v. Lords Commissioners of the Treasury (1872) 7 L.R.Q.B. 387; Taal v. Saskatchewan Medical Care Insurance Commis sion (1963) 40 W.W.R. 8 and Rosenberg v. British Columbia Turkey Marketing Board (1967) 59 W.W.R. 742, applied. The Queen v. Wilfrid Nadeau Inc. [1973] F.C. 1045; Thorson v. Attorney General of Canada [1975] 1 S.C.R. 138 and Nova Scotia Board of Censors v. McNeil [1976] 2 S.C.R. 265, distinguished.
APPLICATION to strike out statement of claim. COUNSEL:
B. Halliday for plaintiffs. H. B. Monk for defendant.
SOLICITORS:
Halliday & Durham, Calgary, for plaintiffs.
Deputy Attorney General of Canada for defendant.
The following are the reasons for judgment rendered in English by
PRIMROSE D.J.: This is an application by the defendant for an order striking out the statement of claim and dismissing the action on the ground that it discloses no reasonable cause of action, pursuant to Rule 419 of the General Rules and Orders of the Federal Court of Canada. On such an application, pursuant to Rule 419(2), no evi dence is admissible. This is a class action by the two plaintiffs on behalf of themselves and all others similarly situated who carry on the business of producing and marketing barley, set out in the statement of claim to have the characteristic dis tinguishing it as malting barley. The plaintiffs ask for an accounting by the defendant, and the tenor of the claim is that the defendant has not account ed properly and there is a balance remaining after deducting expenses from the sale proceeds of such barley.
After hearing the application to strike out the statement of claim, I communicated with counsel requesting that the defendant proceed with its application for further particulars which had been filed on the 20th of May 1976. On the application to strike out the statement of claim, counsel agreed that if that application succeeded it would be unnecessary to proceed with the application for further particulars. However, I indicated that I would like to hear the application and it came on before me in Calgary on October 15. The demand is as follows:
1. Particulars of the contract or other document imposing on the Defendant the condition and duty alleged to account to the Plaintiff or to the Plaintiff Class as alleged in paragraph 4.
2. Particulars of the contract or other documents imposing on the Defendant the condition and duty to distribute to the Plaintiff or the Plaintiff Class as alleged in paragraph 4.
3. Particulars of the failure of the Defendant to account to the Plaintiff or the Plaintiff Class as alleged in paragraph 5 as required by the condition or duty referred to in paragraph 1.
4. Particulars of the failure of the Defendant to distribute to the Plaintiff or the Plaintiff Class as alleged in paragraph 6 as required by the condition or duty referred to in paragraph 2.
It was agreed that the defendant by proceeding with the application for particulars was not in any
way abandoning its application made earlier to strike out the statement of claim as disclosing no cause of action and it was agreed that the defend ant reserves all its rights on that application which, of course, is still before me for consideration. The defendant assumes that the plaintiffs in the action will require an accounting by the defendant in respect of barley sold, but says that there is no secret about how the defendant handled the barley in question. However, deliveries were made over a period of six years, some in car lots and some otherwise, and some was resold by the defendant to maltsters, so-called malting barley. The defend ant wants to know what case it has to meet.
On the matter of particulars counsel for the defendant refers to Cercast Inc. v. Shellcast Foun dries Inc. [1973] F.C. 28 at 38:
Before dealing specifically with the particulars to be fur nished it is desirable to make some general comments as to what a motion for particulars is supposed to accomplish, always bearing in mind the general object is the desirability of advanc ing proceedings to trial as rapidly as possible and of introducing precision into the pleadings, and providing for an orderly trial in which the issues of fact the Court will be called upon to deal with are defined and limited as precisely as possible. Pleadings should be kept as brief as possible and plaintiff should not be required to set out in its pleadings detailed facts which can more properly be brought forward at trial as part of its evidence. Neither should it be required to give details to defendants of facts that are well known to defendants already so that defendants are well aware of facts which they will have to meet. On the other hand, broad generalized statements in a statement of claim, such as the present, have the disadvantage of opening up such a wide field of proof to plaintiff that the trial can be greatly lengthened by the introduction of extensive evidence of a more or less irrelevant nature that would do little to aid the Court in determining the real issues of fact involved.
The plaintiffs base their claim for an accounting in contract, as an action for the price of the grain sold, on the basis that the proceeds of malting barley have not been properly accounted for to the plaintiff class. It attacks the administration of the Wheat Board's operations, alleging that the defendant has wrongfully converted proceeds of barley to which the plaintiffs and others are en titled. To clarify, the plaintiffs give an example of a payment to a producer of $2.60 for No. 1 feed barley in the crop season of 1974-1975. The plain tiffs say this barley was sold for malting purposes by the Wheat Board at perhaps $3.60 per bushel,
and consequently an additional dollar per bushel was realized for which the Board should account. The plaintiffs produced a form of permit authoriz ing over delivery of barley-1 car lot and points out that the seller does not know what the Board got for his car lot of barley, but he feels he has not got full value.
The plaintiff class is concerned with charges made by the Board of various kinds e.g. it is said that a sample of barley delivered to an elevator in High River goes to Calgary by car and the freight charges are not the rate to Calgary but that these charges are based on the freight rate to Thunder Bay. There are such items as storage charges and administrative charges of different kinds including selling which, under the Canadian Wheat Board Act' the defendant deducts before making a final payment, but the plaintiffs say these charges in total are excessive. The plaintiffs refer to one crop year in which they say five hundred million bush els of feed barley delivered to the defendant were sold as malting barley, and that the producers got only a premium of 15 cents per bushel which is normal, but allege that the Board may have made one dollar per bushel over and above what the producers got for their barley.
The plaintiffs require an accounting which can only be made available by the trial of an action which would go fully into the whole of the opera tion of the Wheat Board's activities. The question then is what is the duty of the defendant toward the plaintiff class, which the defendant says is a question of law, that there is no duty to account to individual producers, that the marketing of the grain is provided for in the Canadian Wheat Board Act, and that there should be no duty to account to individuals. All grain is pooled and it results in a sum eventually, less borrowings, interest, storage and other charges, and what is left is divided by the defendant to make a proper price relationship to all the producers. The Board's operations have no arithmetical connection to the sale of individual
1 R.S.C. 1970, c. C-12.
grain and grain shipped by individuals is not ear marked as such, but, as indicated, goes into a pool. The question really resolves itself into what obliga tion there is under the Canadian Wheat Board Act to account to individual producers or the class of producers.
The plaintiffs say that there is no way in which the plaintiffs can provide additional particulars and that these are peculiarly within the knowledge of the defendant, which will be disclosed by the trial of an action for an accounting by the defend ant, and that the whole of the operation will be considered by the Court.
It is evident that the plaintiffs claim is founded on the allegation in paragraph 8 of the statement of claim, that the plaintiff class relies upon the provisions of the Canadian Wheat Board Act. The plaintiffs are not able to give further particulars connecting the allegations in paragraphs 4, 5 and 6 of the statement of claim and I reiterate that the plaintiffs say this is information which is within the knowledge of the defendant. I am not prepared to make an order requiring the giving of particulars.
I now proceed to consider the merits of the application by the defendant to strike out the statement of claim on the ground that it discloses no cause of action.
The scheme of the Act is that the Canadian Wheat Board is established as body corporate, having capacity to contract and to sue and be sued in the name of the Board. It acts as an agent for Her Majesty in right of Canada, and its powers under the Act are exercised by it only as an agent of Her Majesty. It is incorporated with the object of marketing in an orderly manner in interprovin- cial and export trade, grain grown in Canada (including barley). Its duties set out in section 4(4) of the Act are:
(a) to buy, take delivery of, store, transfer, sell, ship or otherwise dispose of grain;
(b) to enter into contracts or agreements for the purchase, sale, handling, storage, transportation, disposition or insur ance of grain;
(c) to enter into ordinary commercial banking arrangements on its own credit and to borrow money on the security of grain held by it;
(d) to acquire, hold and dispose of real and personal prop erty, but the Board shall not acquire or dispose of any real property without the approval of the Governor in Council;
(e) to employ such technical, professional or other officers, clerks or employees as may be necessary for the conduct of its business;
(f) to establish branches or employ agents in Canada or elsewhere;
(g) to establish, utilize and employ such marketing agencies or facilities as it deems necessary for the purpose of its operations under this Act;
(h) to operate elevators, either directly or by means of agents, and subject to the Canada Grain Act, to pay such agents, commissions, storage and other charges, remunera tion or compensation as may be agreed upon with the approval of the Canadian Grain Commission;
(i) to authorize any officer or employee of the Board or any other person to act on behalf of the Board in the conduct of its operations under this Act;
(j) to act as agent for or on behalf of any Minister or agent of Her Majesty in right of Canada in respect of any opera tions that it may be directed to carry out by the Governor in Council; and
(k) generally to do all such acts and things as may be necessary or incidental to carrying on its operations under this Act.
Section 5 provides:
5. (1) Subject to regulations, the Board shall sell and dis pose of grain acquired by it pursuant to its operations under this Act for such prices as it considers reasonable with the object of promoting the sale of grain produced in Canada in world markets.
(2) Profits, if any, realized by the Board from its operations in wheat under this Act during any crop year, other than from its operations under Part III, with respect to the disposition of which no provision is made elsewhere in this Act, shall be paid to the Receiver General for the Consolidated Revenue Fund.
(3) Losses, if any, sustained by the Board
(a) from its operations under Part III in relation to any pool period fixed thereunder, during such pool period, or
(b) from its other operations under this Act during any crop year,
for which no provision is made in any other Part, shall be paid out of moneys provided by Parliament.
Section 7 outlines the duties of the Board as follows:
7. (1) The Board shall
(a) keep proper books and accounts of its operations under this Act, showing such particulars therein as may be requisite for proper accounting in accordance with established accounting practice;
(b) with the approval of the Governor in Council, appoint a responsible firm of chartered accountants for the purpose of auditing accounts and records and certifying reports of the Board;
(e) report in writing to the Minister as soon as possible after the end of each month, as at the close of business on the last day of that month, its purchases and sales of all grain during the month and the quantities of grain then held by it, the contracts to take delivery of grain to which it is then a party, all securities then held by it and the financial result of the Board's operations as at the end of that month, which report shall be certified by the auditors of the Board;
(d) make such reports and furnish such information as the Minister may from time to time require; and
(e) in each year, on or before the 31st day of March or such other date as the Governor in Council may fix, report to the Minister in writing, as at the close of business on the last day of the preceding crop year, its purchases and sales of all grain during that crop year, the quantities of grain then owned by it, the contracts to take delivery of grain to which it is then a party, all securities then held by it and the financial result of the Board's operations as at the end of that crop year and such further information as the Minister may require, and the report shall be certified by the auditors of the Board.
Section 11 empowers the Governor in Council by order not inconsistent with the Act, to direct the Board as to the manner in which any of its operations, powers and duties under this Act are to be conducted, exercised or performed. Part II of the Act deals with the control of elevators and railways and delivery of grain by producers and the powers of the Board as to administration. Part III deals with marketing.
Section 25 authorizes the Board to buy all wheat (including barley) produced in a designated area and offered by a producer for sale and deliv ery to the Board, in an elevator or a railway car, and to pay to producers a sum certain per bushel basis in storage Thunder Bay or Vancouver to be fixed from time to time "by regulation of the Governor in Council in respect of wheat of a base grade to be prescribed in those regulations ...." This is done in each year and the Board fixes the spread between grades. Each producer receives a certificate for the net amount of grain delivered to the Board during the pool period in which the certificate is issued.
Section 26 of the Act provides for deduction from the total amount received by the Board of all moneys disbursed by or on behalf of the Board by way of payment in respect of the grain and by way of expenses incurred in connection with the opera tions of the Board attributable to the said grain. Then pursuant to section 26(2) the Board is required to distribute the balance remaining in its account among holders of certificates issued by the Board, the appropriate sum determined by the Board as provided in the Act for each bushel. The Board, with the approval of the Governor in Coun cil, determines and fixes the amounts to which producers are entitled per bushel according to grade under certificates issued pursuant to that part of the Act.
Section 26(6) says "There is no liability on the Board in respect of a certificate issued pursuant to this Part, except as provided in this section."
This is the general plan for marketing the grain, and the defendant says there is no right in anyone to an accounting other than as shown and provided for in the statute itself; that to demand an accounting the plaintiffs are attempting to substi tute a discretion that is exclusively that of the Board. On the other hand, the plaintiffs are obvi ously dissatisfied with the basis in which they have been paid and insist there is a duty to account to them and to the members of the class who have delivered barley to the Board.
Counsel for the Board cites Pure Spring Com pany Ltd. v. M.N.R. [1946] Ex.C.R. 471 where the Court considered the administrative discretion of the Minister of National Revenue in allowing expenses in determining what was reasonable or normal expense for the business carried on in the case in question. At pages 487-490 the Court says:
Where there is no right of appeal from the decision of an administrative authority, the decision is binding. This funda mental principle was settled by the House of Lords in Spack- man v. Plumstead Board of Works (1885) A.C. 229 at 235, where the Earl of Selborne L.C. said:
If the legislature says that a certain authority is to decide, and makes no provision for a repetition of the enquiry into the same matter, or for a review of the decision by another tribunal, prima facie, especially when it forms, as here, part of the definition of the case provided for, that would be binding.
Where the administrative decision involves the exercise of a discretion and it has not been shown that proper legal principles have not been applied the courts have recognized from very early times that in the exercise of his discretion an administra tive officer is not governed by the same considerations as those that apply to a court of law in coming to a judicial decision. He need not be confined to provable facts or admissible evidence, but may use his own knowledge and such information as he can obtain. The considerations that may properly influence him depend upon the nature of the function he must perform.
The governing principle that runs through the cases is that when Parliament has entrusted an administrative function involving discretion to an authority other than the Court it is to be performed by such authority without interference by the Court, either directly or indirectly. Where a person has been given jurisdiction to form an opinion and act accordingly, the Court has no right to review such opinion or the considerations on which it was based; the accuracy of the opinion is quite outside its jurisdiction.
The defendant also relies on Robbins v. Ontario Flue-Cured Tobacco Growers' Marketing Board [1964] 1 O.R. 56, affirmed [1965] S.C.R. 431. This was an application for mandamus, and a number of the cases cited are by way of man- damus, whereas the present application is to strike out the statement of claim, but the defendant submits that these authorities illustrate the princi ple on which the Court may or may not interfere. In the Robbins case at pages 64-65 the Court held:
The attack against the actions of the local board herein has been limited to its alleged lack of jurisdiction to refuse the licences or tobacco acreage allotments to the plaintiffs. A consideration of such question should commence with the acknowledgment that the local board could act only within the powers delegated to it by the Board and that the Board has only such powers or authority as has been given to it by the Legislature. The object of the 1963 amendments to the Act was undoubtedly to authorize the local board to restrict the produc tion of tobacco in Ontario so that a greater surplus thereof would not be established by an uncontrolled participation in its production and so that the present stock on hand and the current crop could be disposed of to the best advantage without flooding the market therewith. The purpose of such changes in the Act was therefore economic and not merely regulatory. In Carroll et al. v..4 -G. N.Z., [1933] N.Z.L.R. 1461 at p. 1478, it is stated as follows:
The Courts have no concern with the reasonableness of the regulation; they have no concern with its policy or that of the Government responsible for its promulgation. They merely construe the Act under which the regulation purports to be made giving the statute ... such fair, large, and liberal interpretation as will best attain its objects.
In Pure Spring Co. v. Minister of National Revenue, [1947] 1 D.L.R. 501, [1946] Ex.C.R. 471, [1946] C.T.C. 169, Thorson, P., reviews the cases dealing with the granting of a mandamus to compel a public officer to perform an administrative function and at p. 518 D.L.R., p. 490 Ex.C.R., p. 188 C.T.C., states as follows:
The governing principle that runs through the cases is that when Parliament has entrusted an administrative function involving discretion to an authority other than the Court it is to be performed by such authority without interference by the Court, either directly or indirectly. Where a person has been given jurisdiction to form an opinion and act according ly, the Court has no right to review such opinion or the considerations on which it was based; the accuracy of the opinion is quite outside its jurisdiction.
In other words, the defendant submits that its operation cannot be reviewed by the Court.
Rosenberg v. British Columbia Turkey Mar keting Board (1967) 59 W.W.R. 742; Regina ex rel. Central Canada Potash Co. Limited and Schmitt v. Minister of Mineral Resources of Sas- katchewan [1972] 6 W.W.R. 62 and Regina v. Metropolitan Toronto Board of Commissioners of Police, Ex parte Prosser [1971] 2 O.R. 353 are quoted in support of this principle.
It was stated by both counsel that there is an advantage for producers of barley if a maltster agrees to accept barley they have produced. An application can be made to the Wheat Board so that particular barley is routed to the maltster and the producer may get a premium for it, not from the Board but from the maltster. However, since this premium is independent of the Board purposes and the barley is dealt with and marketed as any other grain it perhaps is not of importance. There is no grade of malting barley as such, although the Order in Council No. 2716 effective the 23rd of November 1972 [SOR/72-513] which was filed and deals with grades of barley describes them as "equal for malting purposes" and it can have any grade from No. 1 C.W. to No. 3 feed. The defend ant argues that where there is discretion given and a statute outlines the methods of accounting, as in the Canadian Wheat Board Act, there is no legal obligation to account to any person (see The
Queen v. The Lords Commissioners of the Trea sury (1872) 7 L.R.Q.B. 387). In that case The Lords Commissioners of the Treasury received money by Act of Parliament to defray expenses "for prosecutions at assizes and quarter sessions, [in England] formerly paid out of county rates ...". Certain prosecutions took place and the costs were taxed by the proper officers and the Treasurer of the County paid the bills and returned them with the vouchers to the Treasury. The Lords Commissioners of the Treasury had appointed officers called examiners and these offi cers disallowed or reduced the amounts on a number of the items returned. It was held that mandamus would not lie inasmuch as the Lords Commissioners of the Treasury received the money granted by Her Majesty as servants of the Crown and no duty was imposed on them as between them and the persons to whom the money was payable (see also The Queen v. The Secretary of State for War [1891] 2 Q.B. 326). In conse quence as an answer to the allegation in paragraph six of the statement of claim as follows:
The Defendant has wrongfully refused or neglected to account for, from time to time, the balance remaining after deduction of warranted expenses from the full sale proceeds of such malting barley, and further, to distribute the said balance among the Plaintiff class on the same price basis.
The defendant says it is not required to account to the plaintiffs. The plaintiffs submit they should be permitted to proceed with the action for an accounting, or in fact for the price of goods sold to the Board, that they are not bound by what the Board does if it acts inefficiently or negligently or does not get the best price when the grain is sold. The plaintiffs say they want proper price for their barley, and submit that the Act does not raise any defences against them that are conclusive.
The plaintiffs say there must be a proper price basis for the grain sold by the Board, and equitable distribution of the surplus. This would seem to open up many matters of discretion; for instance the Board is delegated not only to buy the grain
but to sell it and must determine from day to day, and make decisions about, how much to sell and at what price and, of course, the price fluctuates every day. I find it difficult to accept that the Board in its day-to-day discretion in sales could be subject to attack or litigation in an action of this kind on the basis that its decisions to sell at certain prices or certain times were not equitable or not in the best interests of the producers.
The object, of course, is to dispose of the grain at the best possible price, and the plaintiffs repre senting the class of so-called malting barley pro ducers are dissatisfied with the price received and they say that evidence is needed to establish the facts. As stated, evidence cannot be given on an application to strike out the statement of claim, but the mechanics of the Board's operations is that it deals with barley as other grain by grade, but not as malting barley especially. What is the posi tion then for a producer who comes along later and complains that the operations of the Board, as far as the price obtained for his barley, were not proper, or that the Board did not get the best price?
The defendant says the plaintiffs have no legal right to proceed in an action of this kind and that the Board is only responsible to the Minister and ultimately to Parliament and there is no legal duty to the plaintiffs since there is no duty imposed on the Board under the statute that would permit an action of this kind.
The plaintiffs rely on The Queen v. Wilfrid Nadeau Inc. [1973] F.C. 1045 which was an application to strike out a statement of claim on the ground that it failed to disclose a cause of action. The Trial Court dismissed the application and the Federal Court of Appeal affirmed the dismissal on the basis that it would not interfere with such a discretionary order unless it was obvi ous, without elaborate argument, that the state ment of claim disclosed no cause of action. In that case the Court pointed out that whether a question of law should be dealt under Rule 419 or Rule 474, should ordinarily be left to the judge of first instance. However, the question to determine here is whether there is a cause of action, a matter which is discretionary in the judge of first instance.
The plaintiffs submit that the defendant is estopped from denying that the action is anything but for the price of goods sold and they want to share in the negotiated price for the so-called malting barley. As I indicated, it appears that malting barley is not graded as such, but assuming that it did get a special price the question arises whether the plaintiffs have any status to attack the operations of 'the Wheat Board. In Thorson v. Attorney General of Canada [1975] 1 S.C.R. 138 the question arose as to the capacity or standing of an individual desiring to take a class action respecting the validity of federal legislation. In this action the taxpayer commenced a class action for a declaration that the Canada Official Languages Act was unconstitutional and the Attorney Gener al claimed that he had no status to maintain the action because he had suffered no special damage. The Supreme Court of Canada held that the plain tiff had the standing and capacity to commence the action but the action should be determined on its merits.
Also in Nova Scotia Board of Censors v. McNeil [1976] 2 S.C.R. 265, the Court dealt with an action by an individual on behalf of the general public respecting the constitutional validity of the Nova Scotia Theatres and Amusements Act 2 (Board of Censors) and there the Supreme Court of Canada exercised its discretion in granting standing to the individual to bring the action. It seems to me it is one thing to claim standing or status to start an action to contest the constitution al validity of a statute and it is something quite different to attack a defendant, as in this case, for the manner of conducting its operations, rather than contest the constitutional validity of the stat ute itself, having in mind particularly that the Act fixes responsibility on the Minister and ultimately on Parliament.
The plaintiffs refer to the Pure Spring case cited supra where the Court came to the conclusion [at page 527] that the Commissioner's findings that the directors' fees in that case were not exclusively and necessarily laid out or expended for the pur pose of earning the income, ought not to stand so that, there, the Court did in fact interfere.
2 R.S.N.S. 1967, c. 304.
The plaintiffs say the mandamus decisions, of which a number of the cases quoted here fall into that category, are not of much value in determin ing the question whether the statement of claim should be struck out because different principles apply in mandamus. Counsel quotes Craies on Statute Law (7th ed.) at page 232 where the learned author says under Mandamus: "Whenever a corporation or person, whether filling an office under the Crown or not, has a statutory duty of a public nature towards another person, such as to do an act or to make an order, mandamus will lie to compel performance of the duty at the suit of any person aggrieved by the refusal to perform it, unless another remedy is clearly indicated by the statute."
The plaintiffs allege that the defendant can be proceeded against not by way of mandamus but in contract, for an accounting in respect to the "malt- ing barley" price received by the Board. The plain tiffs also allege that there would be an estoppel here as against the Board for not having paid the proper amount, after deducting from the total amount received all moneys disbursed by or on behalf of the Board pursuant to the Act.
In the view I take of the determining factor in this application to strike out the statement of claim, it seems the question of possible estoppel is not important at the moment, although it is alleged by the defendant that estoppel in any event is not applicable as against the Crown.
The defendant also refers to Taal v. Saskatche- wan Medical Care Insurance Commission (1963) 40 W.W.R. 8 where it was held [at page 21] "A minister of the crown is accountable theoretically to the Crown but practically to the legislature for any dereliction on his part in the performance of his duties .... He has no legal duty in his capacity as a minister to answer therefor to any subject." In other words, the Court cannot in an action inquire into the considerations which motivated him or pursuant to which he made a decision in relation to the operations of, or carried out of, his functions as minister pursuant, in this case, to the Saskatche- wan Medical Care Insurance Commission.
See also Rosenberg v. British Columbia Turkey Marketing Board (1967) 59 W.W.R. 742 at 746:
Admittedly this paragraph is an example of poor draughts manship, but I think is sufficient for the court to act upon if the applicant is correct in his novel submission that because of the wording of 0. 14 this particular board is under a duty to reveal to an interested person how it arrived at the quota allotted to him. This submission is inevitably followed by another, namely, that if the board does make such a revelation, its reasoning processes can be reviewed in mandamus proceedings, and if found not to have been on an "equitable basis" a writ of mandamus should issue directing the board to re-allocate the quota on an equitable basis. This submission is in collision with at least one basic principle of the law of mandamus. Such a mandamus hearing would be in effect an appeal on the merits; because the mandamus order sought would be to direct a board which had already exercised a discretion within its jurisdiction in one way to exercise it in a different way.
In my view the applicant is not entitled to ascertain by cross-examination of a board member the board's reasons behind its decision: See Pure Spring Co. v. Minister of Nation al Revenue [1946] Ex.C.R. 471, [1946] C.T.C. 171, [1947] 1 D.L.R. 501, especially at p. 522; Re United Steelworkers of Amer. and Labour Relations Board (B.C.) (1951) 3 W.W.R. (N.S.) 272, at 274.
While it is regrettable that a group of producers such as the class that grows and sells barley to the Board under the compulsory terms of the Canadi- an Wheat Board Act should not have recourse in the courts that would permit them to ascertain, in the trial of an action for an accounting, the exact state of affairs in the Board's operations, and whether in fact the plaintiffs have been treated fairly or may have a legitimate complaint by reason of the actions of the Board, nevertheless, in the view I take of this statute, the responsibility is not to any individual producers but rather to the Minister under the Act and finally to Parliament. As I can find no authority for a class action of this kind that would require such an accounting, the action is dismissed with costs.
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