Reported as: 2018 SKPC 31
Docket Number: PC17114 , 154/16
Court: Provincial Court
- Torts � Conversion
Digest: The plaintiff brought a claim against the defendant in the tort of conversion for the value of equipment that the defendant sold at an auction. The plaintiff, a farmer, loaned three pieces of agricultural equipment to his neighbour, another farmer. The plaintiff had often helped his neighbour in the past and the loans were made without any payment or consideration. In this case, the equipment included: a grain cart, a grain dryer, and a 1,750-litre propane tank. The neighbour confirmed the plaintiff�s description of their past practice and the loan of the equipment described. The neighbour operated his farm through a corporation. It entered into a canola streaming contract with the defendant. The farm went into receivership and the defendant, as one of its secured creditors, seized the grain cart and dryer and prepared to sell them by auction. The plaintiff learned of the seizure and through his lawyer advised the defendant that he owned these items and had loaned them on a non-commercial basis to the farmer. Despite the notice, the defendant proceeded to sell the cart for $20,600 and the dryer for $210 at auction. As the plaintiff received no compensation from the defendant, he brought this action. The defendant defended by saying that it was the...