Evergreen Irrigation Ltd. v. Belgium Farms Ltd., (1976) 3 A.R. 248 (TD)

JudgeBrennan, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateNovember 17, 1976
Citations(1976), 3 A.R. 248 (TD)

Evergreen Irrigation v. Belgium Farms (1976), 3 A.R. 248 (TD)

MLB headnote and full text

Evergreen Irrigation Ltd. v. Belgium Farms Ltd.

Indexed As: Evergreen Irrigation Ltd. v. Belgium Farms Ltd.

Alberta Supreme Court

Trial Division

Brennan, J.

November 17, 1976.

Summary:

This case arose out of the plaintiff's claim against the defendant for the price of goods sold and delivered. The plaintiff supplied an irrigation system to the defendant farmer for the irrigation of five quarter sections of land. The system was movable and was not attached to or buried in the ground. Delivery and installation did not go as planned and the system was installed late, allegedly causing loss to the defendant's crops. The plaintiff brought an action for the price against the farmer and the farmer counterclaimed for damages for late delivery.

The Alberta Supreme Court, Trial Division, allowed the plaintiff's claim and dismissed the farmer's counterclaim - see paragraphs 1 to 11.

The Trial Division held that the irrigation system was not "an improvement" within the meaning of s. 2(1)(d) of the Builders' Lien Act, R.S.A. 1970, c. 35 and that the plaintiff was not entitled to a lien on the farmer's land - see paragraphs 12 to 14.

The Trial Division refused to award the plaintiff interest under s. 34(16) of the Judicature Act, R.S.A. 1970, c. 193, because there were issues which the farmer was entitled to have tried by the court and accordingly, payment was not arbitrarily withheld - see paragraph 15.

Interest - Topic 2024

Agreement to pay interest - What constitutes an agreement to pay interest - Notice on invoices - The plaintiff sent out invoices to the defendant which stated that interest at the rate of 1.5 per cent per month would be charged on overdue accounts - The Alberta Supreme Court, Trial Division, held that the notice in the invoice did not create a contract to pay interest by the defendant - See paragraph 15.

Interest - Topic 5302

Interest as damages - Interest on payment of money or debt withheld - What constitutes improper withholding - Judicature Act, R.S.A. 1970, c. 193, s. 34(16) - The plaintiff sold an irrigation system to the defendant - Delivery and installation did not go as planned and the system was installed late, allegedly causing loss to the defendant's crop - The plaintiff brought an action for the price and the defendant counterclaimed for damages for late delivery - The Alberta Supreme Court, Trial Division, allowed the plaintiff's claim and dismissed the defendant's counterclaim - The Trial Division refused to award the plaintiff interest under s. 34(16) of the Judicature Act, because there were issues which the defendant was entitled to have tried by the court and payment was not arbitrarily withheld - See paragraph 15.

Mechanics' Liens - Topic 255

Lienable interest - Improvement - What constitutes an improvement - Builders' Lien Act, R.S.A. 1970, c. 35, s. 2(d) - The plaintiff supplied an irrigation system to the defendant farmer for the irrigation of five quarter sections of land - The system was movable and was not attached to or buried in the ground - The Alberta Supreme Court, Trial Division, held that the system was not "an improvement" within the meaning of s. 2(1)(d) of the Builders' Lien Act and that the plaintiff was not entitled to a lien on the defendant's land - See paragraphs 12 to 14.

Statutes Noticed:

Builders' Lien Act, R.S.A. 1970, c. 35, sect. 2(1)(d) [paras. 13, 14].

Judicature Act, R.S.A. 1970, c. 193, sect. 34(16) [para. 15].

Counsel:

D.I. MacLeod, for the plaintiff;

W.D. Peterson, for the defendant.

This case was heard on November 15, 16, 17, 1976, at Calgary, Alberta, before BRENNAN, J., of the Alberta Supreme Court, Trial Division, Judicial District of Calgary.

On November 17, 1976, BRENNAN, J., orally delivered the following judgment:

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12 practice notes
  • Rahco International Inc. v. Laird Electric Ltd.,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • April 20, 2006
    ...beyond doubt that no genuine issue for trial exists" - See paragraph 23. Cases Noticed: Evergreen Irrigation Ltd. v. Belgium Farms Ltd. (1976), 3 A.R. 248 (T.D.), consd. [para. Orban Industries Ltd. v. Gauntlet Energy Corp., [2003] A.J. No. 1720 (Q.B.), leave to appeal refused [2004] A.R. U......
  • Fowle, Todd & Co. v. Klassen and Stoez, (1980) 31 A.R. 494 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 15, 1980
    ...for recovery under s. 34(16) of the Judicature Act - See paragraph 9. Cases Noticed: Evergreen Irrigation Ltd. v. Belgium Farms Ltd. (1976), 3 A.R. 248, refd to. [paras. 8, 9]. Prince Albert Pulp Co. Ltd. et al. v. Foundation Company of Canada Ltd., [1976] 4 W.W.R. 568 (S.C.C.); 8 N.R. 181,......
  • Lay's Transport Ltd. v. Meadow Lake Consumer's Co-Operative Association Ltd., Trimble (H.M.) & Sons Ltd., Neu and S. & N. Trucking Ltd., (1982) 20 Sask.R. 8 (QB)
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • September 10, 1982
    ...8 N.R. 181, appld. [para. 50]. McDonald v. Can. Utilities (1977), 6 A.R. 1, refd to. [para. 50]. Evergreen Irrigation v. Belgium Farms (1976), 3 A.R. 248, refd to. [para. Dominion Chain Co. Ltd. v. Eastern Construction Co. Ltd. et al. (1974), 46 D.L.R.(3d) 28, refd to. [para. 50]. Athabaska......
  • Noel & Blanchette Construction Co. Ltd. v. Medican Construction Ltd., (1984) 53 A.R. 17 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • April 19, 1984
    ...31]. Canadian Western Natural Gas v. Pathfinder Survey (1980), 21 A.R. 459, appld. [para. 47]. Evergreen Irrigation v. Belgium Farms (1976), 3 A.R. 248 (S.C.T.D.), appld. [para. Eyben v. K.R. Ranches (1982), 38 A.R. 336 (C.A.), appld. [para. 52]. Granpac v. American Homes (1981), 33 A.R. 21......
  • Request a trial to view additional results
12 cases
  • Rahco International Inc. v. Laird Electric Ltd.,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • April 20, 2006
    ...beyond doubt that no genuine issue for trial exists" - See paragraph 23. Cases Noticed: Evergreen Irrigation Ltd. v. Belgium Farms Ltd. (1976), 3 A.R. 248 (T.D.), consd. [para. Orban Industries Ltd. v. Gauntlet Energy Corp., [2003] A.J. No. 1720 (Q.B.), leave to appeal refused [2004] A.R. U......
  • Fowle, Todd & Co. v. Klassen and Stoez, (1980) 31 A.R. 494 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 15, 1980
    ...for recovery under s. 34(16) of the Judicature Act - See paragraph 9. Cases Noticed: Evergreen Irrigation Ltd. v. Belgium Farms Ltd. (1976), 3 A.R. 248, refd to. [paras. 8, 9]. Prince Albert Pulp Co. Ltd. et al. v. Foundation Company of Canada Ltd., [1976] 4 W.W.R. 568 (S.C.C.); 8 N.R. 181,......
  • Lay's Transport Ltd. v. Meadow Lake Consumer's Co-Operative Association Ltd., Trimble (H.M.) & Sons Ltd., Neu and S. & N. Trucking Ltd., (1982) 20 Sask.R. 8 (QB)
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • September 10, 1982
    ...8 N.R. 181, appld. [para. 50]. McDonald v. Can. Utilities (1977), 6 A.R. 1, refd to. [para. 50]. Evergreen Irrigation v. Belgium Farms (1976), 3 A.R. 248, refd to. [para. Dominion Chain Co. Ltd. v. Eastern Construction Co. Ltd. et al. (1974), 46 D.L.R.(3d) 28, refd to. [para. 50]. Athabaska......
  • Noel & Blanchette Construction Co. Ltd. v. Medican Construction Ltd., (1984) 53 A.R. 17 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • April 19, 1984
    ...31]. Canadian Western Natural Gas v. Pathfinder Survey (1980), 21 A.R. 459, appld. [para. 47]. Evergreen Irrigation v. Belgium Farms (1976), 3 A.R. 248 (S.C.T.D.), appld. [para. Eyben v. K.R. Ranches (1982), 38 A.R. 336 (C.A.), appld. [para. 52]. Granpac v. American Homes (1981), 33 A.R. 21......
  • Request a trial to view additional results

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