HIGHLIGHTS

  • The Saskatchewan Court of Appeal has upheld the decision of a chambers Judge who concluded that the term in a lentil production contract that specified "#2 Canada" grade lentils was a "true condition precedent" and that two farmers who signed this contract, but were not able to produce this grade because of poor weather conditions, had no obligation to supply any lentils, including lower grade lentils instead of this grade. Market prices had risen sharply between the time the contract was entered and the lentils were to be supplied. The Court of Appeal rejected the purchaser's argument that it was entitled to waive the higher grade requirement, because this requirement was a true condition precedent in which the obligations of both sides to the contract were dependent on an uncertain future event that was not under the control of either party. (PS International Canada Corp. (c.o.b. Seaboard Specialty Grains and Foods) v. Palimar Farms Inc., CALN/2017-057, [2017] S.J. No. 412, Saskatchewan Court of Appeal)
  • The Superior Court of Justice - Ontario Divisional Court has set aside the decision of a chambers Justice, and has summarily dismissed claims that Ontario farmers who accepted treated "biosolids" from a municipality, and who spread it on their farmland were guilty of trespass, nuisance and negligence relating to liquids which had allegedly seeped from the farmer's lands onto neighbouring lands, and noxious odours. The Court held that there was no evidence to establish that any liquids which allegedly seeped from the farmer's lands contained any contaminated substances, that there was no expert evidence to establish a breach of any standard of care by the farmers or the municipality, and no objective evidence that odours emanating from the farmer's lands were offensive. (Deavitt v. Greenly, CALN/2017-058, [2017] O.J. No. 4910, Ontario Superior Court of Justice)

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