Phillip M. Behm

Cattle farmers sought leave to proceed with claims against the Crown and Animal Welfare Services officers for misfeasance in public office, breach of duty of care, abuse of process, intentional interference with economic relations, and defamation arising from the removal of approximately half their herd.

The court granted leave for misfeasance in public office, breach of duty of care, and abuse of process, finding sufficient evidence of bad faith and recklessness based on the Animal Care Review Board's findings that the removal process failed to comply with statutory standards and was not necessary to relieve animal distress.

Leave was denied for intentional interference with economic relations due to inadequate pleading, and leave was not required for defamation.

The plaintiff claimed ownership of either 50% or 33.3% of a meat retail business (Robert's Boxed Meats) operated through a numbered company.

The plaintiff alleged an oral agreement in 1997 whereby he and the defendant would be equal 50% owners, or alternatively, that share purchase and escrow agreements from 1996-1997 preserved a 33.3% interest in the company held in escrow.

The court found no credible evidence of the alleged oral agreement and determined that the plaintiff's alternative claim for 33.3% ownership was statute-barred under the applicable limitations legislation.

The court granted the defendant's counterclaim for delivery of the escrowed shares for cancellation.