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Thursday, January 27, 2011

Dealer delivers wrong spray for thistle; Court allows set-off against unpaid debt

624798 Saskatchewan Ltd. started a claim in debt for $19,063.09, which includes interest to June 20, 2000, for farm products delivered to farmer Boris Procyk.  Procyk defended the action, including by way of a defence of set-off for destruction of the defendant’s canola crop.  Procyk first argued that he should not have to pay interest on the debt owing.  The Court agreed that there was no agreement to pay interest.  Procyk next argued the set-off, claiming that some of the spray supplied to him by the Plaintiff damaged his canola crop.  The Court found that the Plaintiff had, in fact, supplied the wrong product to Procyk.  In the end, the debt owing by the Plaintiff was reduced to just under $5,500.

Read the decision at: 624798 Saskatchewan Ltd. v. Procyk.