Facts: Field Farms Marketing Ltd. (Plaintiff) entered into a contract with Zeghers Seed Inc. (Defendant) for the purchase of spelt. A dispute arose regarding the quality of the spelt delivered.
Issue: The main issue was whether the arbitration clause in the contract was applicable and enforceable, requiring the dispute to be settled through arbitration by the National Grain and Feed Association (NGFA) instead of litigation.
Court's Ruling: The court ruled in favor of the applicant, Field Farms Marketing Ltd., finding the arbitration clause to be unenforceable in this context. It held that the dispute should be resolved through litigation, not arbitration.
Costs/Damages: The court awarded costs to Field Farms Marketing Ltd., but the document does not specify the exact amount of costs or damages awarded.
