R. Scriven

The plaintiff brought a motion for summary judgment for an unpaid commercial account for animal feed supplied to the defendant's dairy goat farm.

The defendant disputed the debt, alleging the feed was defective, caused health issues and death in his herd, and claimed an equitable set-off for lost profits.

The court granted summary judgment, finding the plaintiff proved the debt and the 30% annual simple interest rate.

The court dismissed the defences, noting the defendant failed to provide expert evidence linking the feed to the herd's health issues or financial evidence to support the set-off claim.

The defendants brought a summary judgment motion to dismiss the plaintiffs' action for property damage caused by flooding as statute-barred.

The plaintiffs' farm flooded in 2015 after the defendants altered their tile drainage system.

The plaintiffs petitioned the municipality for a municipal drain in 2016 and commenced their action in 2018 after learning the drain project was uncertain.

The court dismissed the motion, finding that the limitation period was postponed under s. 5(1)(a)(iv) of the Limitations Act because the plaintiffs were engaged in an alternative administrative process (the municipal drain petition) that made litigation premature.