Early summer storms

Early summer storms

Wednesday, April 18, 2012

Farmer recovers damages from trucker for fertilizer contamination of canola

The Provincial Court of Saskatchewan has ruled in favour of a farmer who claimed damages against a trucking firm after a load of his canola was discounted by a feed processor due to fertilizer contamination.  There were five loads of canola being trucked to Cargill.  The fourth load was rejected because it was contaminated with fertilizer.  The canola then had to be sold to the feed processor at a discount.

The issue in the case was this: was there proof on a balance of probabilities that the trucking company contaminated the fourth load of canola taken from the Plaintiff's farm?  The Court found that there was proof.  The Court rejected a claim that the contamination came from a fertilizer bin on the Plaintiff's farm.  The farmer was granted judgment in the amount of $5,936.68.

Read the decision at: Zuchkan v Biggar Transport (2006) Ltd.