616471 Saskatchewan Ltd. (Aalbers Agro) v Aalbers
616471 Saskatchewan Ltd. and 616472 Saskatchewan Ltd. (carrying on business as “Aalbers Agro”)
Adam Aalbers, executor of the Estate of Patrick Aalbers
Johnny Aalbers
Armand John Aalbers
John Aalbers
Law Firm / Organization
Gerrand Rath Johnson LLP
Helena Aalbers
Law Firm / Organization
Gerrand Rath Johnson LLP

Background:
This case involved disputes over the dissolution of a family farming operation in Saskatchewan, including land, equipment, and harvested crops.

Key Issues and Rulings:

  1. Land Ownership (NW 15 and NW 8):

    • NW 15: Armand Aalbers was confirmed as the registered owner; equitable claims were deferred to trial.
    • NW 8: Ownership remained with John and Helena Aalbers; trust claims were unproven.
  2. Ceres Global Funds:

    • $100,000 in grain sale proceeds was awarded to Armand, as the grain was grown on his land.
  3. Farm Machinery and Equipment:

    • CR9090 Combine: Armand was confirmed as the owner.
    • Header: Shared ownership between Armand and Patrick Aalbers’ estate.
    • Grain bins: Some ownership claims were settled; others deferred to trial.
  4. Harvested Crops (2018):

    • Ownership was based on the land where crops were grown. Claims about inputs and expenses were left for trial.
  5. Canary Seed (2005):

    • Ownership awarded to John Aalbers, pending trial on broader claims.
  6. Preservation Order:

    • A preservation order for grain sale proceeds was set aside for insufficient analysis.

Outcome:
Most rulings were interim, leaving key disputes for trial. Costs were not awarded to any party.

Court of Appeal for Saskatchewan
CACV3782
Civil litigation