A food processing company sued a manufacturer of aseptic liner bags after over 1,200 containers of tomato sauce leaked and collapsed during warehouse storage, alleging defects in the bags’ side seams.
The defendant argued the failure resulted from the plaintiff’s use of oversized corrugated boxes, inadequate structural support, and multi-tier stacking during long-term storage.
Expert evidence conflicted on whether seam defects or packaging design and storage conditions caused the failures.
The court held the plaintiff had not proven on a balance of probabilities that the bags were defective and instead found the more likely explanation was the plaintiff’s choice of incompatible boxes and stacking methods.
The plaintiff’s claim was dismissed.
The defendant’s counterclaim for unpaid invoices was stayed due to the plaintiff’s Notice of Intention to make a proposal under the Bankruptcy and Insolvency Act.
