2017 Soybean Harvest

2017 Soybean Harvest

Saturday, April 10, 2010

Alberta Court of Appeal upholds dismissal of defective feed claim

The Alberta Court of Appeal has upheld the dismissal of an action by Tom and Kirk Seaborn of Crooked Post Shorthorns.  The Seaborns had claimed that feed manufactured by Masterfeeds Inc. had caused health problems in their breeding cattle, eventually requiring them to sell the cattle for slaughter and to purchase new breeding stock at a loss.

In dismissing the appeal, the Court of Appeal paid special attention to the following factual findings made by the trial judge:
(1) the failure of the Seaborns to immediately seek veterinary attention despite the alleged extreme symptoms shown by the cattle: para. 29;

(2) the failure of the veterinarians who saw some of the CPS cattle in late March 2001 to testify: para. 21; and

(3) the lack of results from tests to indicate toxins in feed or disease in the cattle: para. 22.
On the basis of these findings, the trial judge ruled that the Seaborns exaggerated the symptoms experienced by their cattle.  Also, the trial judge found that they failed to establish that the feed from Masterfeeds Inc. actually caused the damage that was alleged.  Had the Seaborns been successful in their claim, the trial judge would have awarded more than $500,000 in damages.

The Court of Appeal upheld all of the findings of the trial judge and dismissed the appeal.  Read the Court of Appeal decision at: Crooked Post Shorthorns v. Masterfeeds Inc.

Read the trial decision at: Crooked Post Shorthorns trial.