Is there any case law where a defendant's cattle damaged a plaintiff's canola crop?
Saskatchewan, Canada
The following excerpt is from Korpach v. Klassen, 2000 CanLII 29682 (SK PC):
In Falardeau v. Church (1973), 1972 CanLII 1063 (BC SC), 30 D.L.R.(3d) 614; 1972 CanLII 1515 (BC SC), [1972] 6 W.W.R. 450 (B.C.S.C.), Mr. Justice Berger, in dealing with a defendant's suggestion that crop damage may have been caused by other herds of cattle, said, in holding for the plaintiff, that "there was simply no evidence of this". That is the situation in the present case, and I accordingly decide that the defendant's cattle were in the plaintiffs' canola field on more than one occasion and that other cattle were not in the field.
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