Wednesday, June 22, 2011
Scraba sued Sharpe's claiming that the canola seed was not fit for purpose or not of merchantable quality, or both, and, in the alternative, that his loss of crop was the result of Sharpe's Soil Services Ltd.'s negligence or breach of duty, or both, in selling canola seed that was not Roundup Ready. The trial judge dismissed all of these claims and granted Sharpe's judgment in respect of a debt owing for the purchase of the seed. The trial judge concluded, and the Court of Appeal agreed, that Scraba had received what seed he had asked for (what was required to fulfill a grower's contract he had in place) and, in the circumstances, Sharpe's did not have a duty to warn Scraba that the seed was not Roundup Ready. The trial judge had found that Scraba had never communicated to Sharpe's that he wanted Roundup Ready seed (only the seed identified in the IP grower's contract).
Read the trial decision at: Scraba v Sharpe's Soil Services Ltd. Trial.
Read the appeal decision at: Scraba v Sharpe's Soil Services Ltd. Appeal.