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Friday, May 28, 2010

Saskatchewan Provincial Court dismisses neighbour's lawsuit over crop damage, etc.

The Provincial Court of Saskatchewan has dismissed three claims by landowner Kelly Bzdel against his neighbour, Twin Creek Dairy Ltd.  The claims were as follows:
  • The first claim is that during the crop year of 2008, the defendant, while spraying chemicals on his own crop, over sprayed, resulting in the loss to the plaintiff of approximately 20 acres of oats valued at $7,200.00. “Claim One: Over Spraying”
  • The second claim is that on or about August 22, 2008, the plaintiff, while driving his vehicle, struck a cow from the defendant’s operation resulting in damage to the plaintiff’s vehicle and a loss to the plaintiff of $700.00, which was his insurance deductible. The plaintiff claims that the defendant had inadequate fencing for his cattle in this area. “Claim Two: Vehicle - Calf Collision”
  • The third claim is that “as a result of the cattle escaping from the defendant’s property, cattle trampled approximately 10 acres of the plaintiff’s oat crop” resulting in the loss of 10 acres of oats worth $4,200.00.  “Claim Three: Cattle Damage to Crop”
The trial judge dismissed all three claims, finding that Bzdel had failed to prove on a balance of probabilities (i.e. 50% plus 1, more likely than not, etc.) that the Defendant had caused any of the damages.  In fact, for the over-spraying claim, the trial judge determined that less than 20 acres of oats had been killed or damaged as claimed by Bzdel.  Costs of $400 were awarded to the Defendant.

Read the decision at: Bzdel v. Twin Creek Dairy Ltd.