Weedkiller sabotage claimed in Langley blueberry farm lawsuit

Weedkiller sabotage claimed in Langley blueberry farm lawsuit

The owners of a Langley farm are suing over the death of their crops

A lawsuit involving Langley blueberry farmers alleges that just before a foreclosure sale the fields were sabotaged with weed killer.

The lawsuit saw farmers Malkiat Singh Baring and Satwant Kaur Baring sue Farm Credit Canada, a realtor, and the previous owners of a 60-acre Langley blueberry farm the Barings bought in July of 2017.

The Barings bought the farm for $5.5 million just after Farm Credit Canada (FCC) had foreclosed on the property because the previous owners had failed to make mortgage payments.

FCC put the property up for sale in the spring of 2017, and the Barings saw it for the first time on May 29, 2017, according to a B.C. Supreme Court decision by Justice Warren Milman.

“They were sufficiently impressed by what they saw that on the following day, May 30, 2017, they presented FCC with an offer to purchase the property,” Milman wrote.

The Barings were in a hurry to close the deal on the land because it was blueberry season. They expected to “reap the benefit” of the 2017 harvest, which they believed would mean revenue of about $750,000 from a crop already on the blueberry bushes.

Their contract stipulated the land was to be sold “as is” on the date of the completion of the sale.

The Barings were hoping to take possession by July 7, but the previous owners launched an appeal of the sale. Although the appeal was dismissed, this caused a 10-day delay, and the Barings took possession on July 17.

Although they had a right to inspect the property during the time between signing the contracts and the closing of the land sale, the Barings didn’t go onto the farm, claiming the previous owners had threatened them.

“As a result, I did not feel it was safe or a good idea to go onto the blueberry farm,” Satwant Baring said.

On July 13, the Barings did drive by the property, and claimed they saw strange activity.

They allegedly saw two men applying spray to the blueberry bushes, which they thought was unusual given the time of day and of the season.

After taking over the land, they noticed “many of the blueberry bushes were turning brown and not looking healthy,” Satwant Baring said in an affidavit.

“We investigated the health of the crop and determined that someone had recently applied herbicides, 2,4-D and glyphosate, commonly known as “Round-Up” to the blueberry bushes,” Satwant said. “These are very powerful weed killers and in our experience are never applied directly to a blueberry bush, as they are intended to, and can, kill the plant.”

The previous owners have denied causing any damage to the crops. None of the claims against them have been tested in court.

According to the Barings, the 2017 crop was destroyed, and many bushes were killed and had to be replaced by new plants that will not mature and yield the same amount of berries for years.

The lawsuit against the previous owners is scheduled to go to trial in October, but in the meantime, Milman has ruled that Farm Credit Canada is not at fault.

In a judgment in September, Milman ruled that there was no basis for the Barings to make a claim against FCC based on the wording of their contract.

FCC was awarded court costs and the claim was dismissed.

Like us on Facebook and follow us on Twitter.

AgricultureCourtFarmingLangley

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Langley Camera Club member Kathy Burton was out walking along the Fraser River near Fort Langley when a barge passed. (Special to the Langley Advance Times)
SHARE: What can be seen strolling along the Fraser River in Langley

Send us your photo showing how you view Langley, and it could be featured in a future edition

A local resident is concerned about the low voter turnout in the recent school board byelection. (Langley Advance Times files)
LETTER: Few Langley residents bothered to vote in school trustee election

A local letter writer wonders why the current situation didn’t prompt more people to cast ballots

An agreement between the City and the Langley Lions Housing Society would set out income and age requirements for the new Birch replacement building (Langley City image)
Agreement on seniors rental building a first for Langley City

Sets several conditions to ensure project is affordable for low- and moderate-income seniors

Seveya Jepsen is inviting people to stop by her Pet Food Drive on Saturday, March 6, 2021. (Jepsen family/Special to the Langley Advance Time)
Langley girl’s 10th birthday goes to the dogs, and cats, and rabbits

Seveya Jepsen is concerned that animals have enough food so she’s hosting a pet food drive.

Const. Allan Young. Photo: Abbotsford Police Department
Manslaughter charge laid in Nelson death of Abbotsford police officer

Allan Young died after an incident in downtown Nelson last summer

The Kimber family of Boston Bar lost their home in a fire. Blaine Kimber’s daughter created a fundraiser to help rebuild the home with the goal of $100,000. (Screenshot/GoFundMe)
Fundraiser created for Boston Bar family that lost everything in weekend fire

Witnesses say the Kimber family escaped the fire without injury, but their home is a total loss

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

(The Canadian Press)
‘Worse than Sept. 11, SARS and financial crisis combined’: Tourism industry in crisis

Travel services saw the biggest drop in active businesses with 31 per cent fewer firms operating

Pictures and notes in from friends and classmates make up a memorial in support and memory of Aubrey Berry, 4, and her sister Chloe, 6, during a vigil held at Willows Beach in Oak Bay, B.C., on December 30, 2017. THE CANADIAN PRESS/Chad Hipolito
Mother of slain daughters supports recent changes to Canada’s Divorce Act

Sarah Cotton-Elliott said she believed her children took a back seat to arranging equal parenting

Victoria man Brett Andersen is asking for people’s help to secure him one of eight free tickets to the moon. (Screenshot/@brettandersen Instagram)
Victoria man wants your help securing a free ticket to the moon

Japanese billionaire offering eight people a trip to the moon

The Conservation Officers Service is warning aquarium users after invasive and potentially destructive mussels were found in moss balls from a pet store. (BC Conservation Officers Service/Facebook)
Aquarium users in B.C. warned after invasive mussels found at pet store

Conservation officers were told the mussels were found in a moss ball from a Terrace pet store.

Most Read