Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Administrative law – Powers of regulatory agency – “Liquidated damages” included in agreement prescribed after failure to reach agreement and failure of arbitration – Quebec producers selling maple syrup to New Brunswick purchaser in breach of Quebec marketing legislation – Quebec regulatory agency ordering purchaser to pay more than $1 million in damages – Whether Régie des marchés agricoles has power to order payment of damages under prescribed marketing agreement – Whether Court of Appeal’s judgment inconsistent with statutory provision equating effect of prescribed agreement to that of homologated agreement – Whether Court of Appeal erred in declaring that liquidated damages clauses applicable to producers invalid – Whether Court of Appeal applied inappropriate standard of review – Act respecting the marketing of agricultural, food and fish products, R.S.Q., c. M-35.1, ss. 43, 112 to 118 – Civil Code of Québec, S.Q. 1991, c. 64, art. 1622.

Between 2002 and 2005, the respondent Bourgoin, who lives in New Brunswick, purchased 834,782 pounds of maple syrup directly from nine Quebec producers, in breach of Quebec’s marketing legislation. After receiving a complaint from the applicant Fédération, the Régie des marchés agricoles ordered the purchaser to pay the Fédération $1.20 per pound in total “liquidated damages”.