Farm Dispute Lawyers in Regina, SK

Farming is a complex business, and as with any business, legal disputes can arise. Farming disputes can arise in a variety of contexts and can involve multiple parties. These disputes can range from simple disagreements over contracts to complex legal battles involving multiple parties and millions of dollars.

In Saskatchewan, farming is one of the largest industries, and farming disputes are common. If you find yourself in the midst of a farming dispute, it is important to work with an experienced litigator who understands the unique complexities of farming litigation.

 

Types of Farming Disputes

 

There are several types of farming disputes that can arise. The most common disputes include:

1. Disputes Over Land: Disputes over land are common in the farming industry. These disputes can involve issues such as ownership, use, and access to land. They can also involve issues related to zoning, easements, and rights-of-way.
2. Disputes Over Contracts: Contracts are an essential part of any farming operation. Disputes over contracts can arise when one party fails to perform their obligations under the contract, or when there is a disagreement over the terms of the contract.
3. Disputes Over Partnerships: Partnerships are common in the farming industry. Disputes over partnerships can arise when there is a disagreement over the management or ownership of the business.
4. Disputes Over Agricultural Products: Disputes over agricultural products can arise when there is a disagreement over the quality or quantity of the products.
5. Disputes Over Equipment: Equipment is essential to any farming operation. Disputes over equipment can arise when there is a disagreement over the ownership or use of the equipment.
6. Disputes Over Insurance: Insurance is an essential part of any farming operation. Disputes over insurance can arise when there is a disagreement over coverage or when an insurance company denies a claim.

To give some illustrations below are Sasaktchewan case law examples showing how the Saskatchewan courts have dealt with some of these cases.

 

1. Disputes Over Land:

Cattleland Feedyards Ltd. v. Baustad, 2008 SKQB 300. In this case, the plaintiff operated a feedlot on land that it leased from the defendant. The defendant attempted to terminate the lease and evict the plaintiff from the land. The plaintiff brought an action for an injunction to prevent the defendant from evicting them.

The trial judge found that the defendant had breached the lease agreement by failing to maintain the land and by interfering with the plaintiff’s use of the land. The trial judge granted the injunction, preventing the defendant from evicting the plaintiff.

2. Disputes Over Contracts:

Pickard Farms Ltd. v. Schutte, 2016 SKQB 212. In this case, the plaintiff and the defendant entered into a contract for the sale of canola seed. The plaintiff alleged that the defendant breached the contract by delivering canola seed that did not meet the contractual specifications.

The trial judge found that the defendant had breached the contract by delivering canola seed that did not meet the contractual specifications. The trial judge awarded damages to the plaintiff in the amount of the difference between the contract price and the market price of the non-conforming canola seed.

3. Disputes Over Partnerships:

Nally Farms Ltd. v. Nally, 2012 SKQB 101. In this case, the plaintiff and the defendant were partners in a farming operation. The plaintiff alleged that the defendant breached the partnership agreement by failing to contribute their share of the capital and by misappropriating partnership funds.

The trial judge found that the defendant had breached the partnership agreement by failing to contribute their share of the capital and by misappropriating partnership funds. The trial judge ordered the defendant to pay damages to the plaintiff.

4. Disputes Over Agricultural Products:

Norsask Seed Processing Inc. v. Delorme, 2011 SKQB 242. In this case, the plaintiff was a seed processor and the defendant was a farmer who provided seed for processing. The plaintiff alleged that the defendant breached the contract by delivering seed that was contaminated with weed seeds.

The trial judge found that the defendant had breached the contract by delivering seed that was contaminated with weed seeds. The trial judge awarded damages to the plaintiff in the amount of the cost of cleaning the contaminated seed.

5. Disputes Over Equipment:

Double N Ranching Inc. v. Double N Holdings Ltd., 2017 SKQB 145. In this case, the plaintiff and the defendant were related companies that owned and operated farming equipment. The plaintiff alleged that the defendant breached the agreement by misusing the farming equipment and failing to pay the plaintiff for its use.

The trial judge found that the defendant had breached the agreement by misusing the farming equipment and failing to pay the plaintiff for its use. The trial judge awarded damages to the plaintiff in the amount of the unpaid rental fees.

6. Disputes Over Insurance:

The Co-Operators General Insurance Co. v. Cordick, 2019 SKQB 137. In this case, the plaintiff was an insurance company and the defendant was a farmer who had purchased crop insurance. The plaintiff denied the defendant’s claim for crop loss and brought an action to have the insurance policy declared void.

The trial judge found that the defendant had made a material misrepresentation in the insurance application by failing to disclose that the crops had been planted late. The trial judge declared the insurance policy void and dismissed the defendant’s claim for crop loss.

How an Experienced Saskatchewan Farm Disputes Litigator Can Help

If you find yourself in the midst of a farming dispute in Saskatchewan, it is important to work with an experienced litigator who understands the unique complexities of farming litigation. An experienced litigator can help you navigate the legal system and protect your rights.

An experienced Saskatchewan farm law litigator can help with the following:

1. Negotiation: An experienced litigator can negotiate on your behalf to help you reach a resolution without going to court.
2. Litigation: If a resolution cannot be reached through negotiation, an experienced litigator can represent you in court.
3. Mediation: Mediation is a form of alternative dispute resolution that can be used to resolve disputes without going to court. An experienced litigator can represent you in mediation and help you reach a resolution.
4. Arbitration: Arbitration is another form of alternative dispute resolution that can be used to resolve disputes without going to court. An experienced litigator can represent you in arbitration and help you reach a resolution.
5. Legal Advice: An experienced litigator can provide you with legal advice to help you understand your rights and options.

Conclusion

Farming disputes are common in Saskatchewan, and they can be complex and difficult to resolve. If you find yourself in the midst of a farming dispute, it is important to work with an experienced litigator who understands the unique complexities of farming litigation. An experienced litigator can help you navigate the legal system and protect your rights. They can negotiate on your behalf, represent you in court or alternative dispute resolution, and provide you with legal advice to help you understand your rights and options.

Merchant Law has offices in Moose Jaw, Regina, and Saskatoon and take cases all across the province. Call us today for a consultation with one of our experienced Saskatchewan farm disputes litigators.