Agricore Co-operative Ltd. v. 3L Cattle Co., 2005 SKQB 142

JudgeZarzeczny, J.
CourtCourt of Queen's Bench of Saskatchewan (Canada)
Case DateMarch 22, 2005
JurisdictionSaskatchewan
Citations2005 SKQB 142;(2005), 261 Sask.R. 83 (QB)

Agricore Co-op v. 3L Cattle Co. (2005), 261 Sask.R. 83 (QB)

MLB headnote and full text

Temp. Cite: [2005] Sask.R. TBEd. AP.017

United Grain Growers Limited, carrying on business under the trade name and style of Agricore United (plaintiff) v. 3L Cattle Company Ltd. (defendant)

(2001 Q.B.G. No. 2499; 2005 SKQB 142)

Indexed As: Agricore Co-operative Ltd. v. 3L Cattle Co.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Zarzeczny, J.

March 22, 2005 and April 28, 2005.

Summary:

The plaintiff sued the defendant for damages for breach of contract (failure to deliver oats).

The Saskatchewan Court of Queen's Bench allowed the action and determined damages, interest and costs.

Damages - Topic 703

Time for assessment - General principles - Breach of contract cases - The plaintiff sued the defendant for damages for breach of a contract to deliver oats - Delivery was supposed to have occurred between October 1 and 31, 2001 - The price of oats continued to escalate into the early winter of 2002 - The plaintiff claimed that in January 2002, it purchased replacement oat inventories in substitution for the defendant's contracted for tonnage at a much higher price - The plaintiff claimed damages of $61,625.30 assessed as of January 3, 2002 - The Saskatchewan Court of Queen's Bench found that the plaintiff did not need to be nor was it active or aggressive in seeking to purchase oats to meet its forward sales requirements between November 1, 2001 and January 2002 - The court calculated damages using the contract date for damages (November 1, 2001) and awarded the plaintiff $36,026.03 - See paragraphs 34 to 43.

Damages - Topic 5840

Contracts - Sale of goods - Breach by seller - Failure to deliver - [See Damages - Topic 703 ].

Practice - Topic 7452.1

Costs - Solicitor and client costs - Entitlement to solicitor and client costs - Successful party - Exceptions - Conduct - The defendant breached a contract to deliver oats to the plaintiff between October 1 and 31, 2001 - The price of oats continued to escalate into early 2002 - The plaintiff sought damages as of January 2002 when it purchased replacement oat inventories - The Saskatchewan Court of Queen's Bench calculated damages as of November 1, 2001, as provided for under the contract - The court exercised its discretion not to award solicitor client costs as provided for under the contract - Although the plaintiff obtained judgment for $36,026.03, it had claimed almost twice that amount - It also contributed considerably to the apparent necessity of litigation and trial by waiting until January 2002 to crystallize its damages and by acting contrary to its own policy of offering, perhaps as early as August 2001, a contract "buy-out" - See paragraphs 47 to 50.

Practice - Topic 7501

Costs - Solicitor and client costs - Agreements - General - [See Practice - Topic 7452.1 ].

Cases Noticed:

Beuker v. H & R Block Canada Inc. et al., [2001] 10 W.W.R. 274; 201 Sask. R. 1; 2000 SKQB 584, refd to. [para. 32].

Freeman and Lockyer v. Buckhurst Park Properties (Mangal) Ltd., [1964] 1 All E.R. 630 at p. 644 (H.L.), refd to. [para. 32].

Robin Line Steamship Co. v. Canadian Stevedoring Co., [1928] S.C.R. 423, refd to. [para. 32].

Humboldt Flour Mills v. Ottenbreit, [1993] S.J. No. 300 (Q.B.), affd. (1994), 128 Sask.R. 74; 85 W.A.C. 74 (C.A.), refd to. [para. 43].

Humboldt Flour Mills Co. v. Nordick (1978), 71 Sask.R. 205 (Q.B.), affd. (1979), 71 Sask.R. 203 (C.A.), appld. [para. 43].

Prairie Pulse Inc. v. Lacasse (2004), 244 Sask.R. 126; 2004 SKQB 30, refd to. [para. 48].

Authors and Works Noticed:

Atiyah, P.S., The Sale of Goods (8th Ed. 1990), pp. 525 to 532 [para. 42].

Bowstead on Agency (15th Ed. 1985), art. 67, pp. 93, 94, 284 [para. 32].

Fridman, Gerald Henry Louis, The Law of Agency (7th Ed. 1996), pp. 360, 361 [para. 32].

Counsel:

Gary A.T. Meschishnick, for the plaintiff;

Joel A. Hesje, Q.C., for the defendant.

This action was heard by Zarzeczny, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following decision on March 22, 2005 and April 28, 2005.

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1 practice notes
  • JANS v. JANS, 2016 SKQB 275
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • August 24, 2016
    ...addendum. This issue is properly dealt with pursuant to Rule 10-10 of The Queen’s Bench Rules: United Grain Growers Ltd. v 3L Cattle Co., 2005 SKQB 142, 261 Sask R 83 and Sabaliauskas v Athabaska Airways Ltd., 2008 SKQB 495, 327 Sask R [2] The valuation date for the calculation of damages w......
1 cases
  • JANS v. JANS, 2016 SKQB 275
    • Canada
    • Saskatchewan Court of Queen's Bench for Saskatchewan
    • August 24, 2016
    ...addendum. This issue is properly dealt with pursuant to Rule 10-10 of The Queen’s Bench Rules: United Grain Growers Ltd. v 3L Cattle Co., 2005 SKQB 142, 261 Sask R 83 and Sabaliauskas v Athabaska Airways Ltd., 2008 SKQB 495, 327 Sask R [2] The valuation date for the calculation of damages w......