Dynamic Capital Equipment Finance Inc. v. Faurschou Ag Centre Inc.
Dynamic Capital Equipment Finance Inc.
Law Firm / Organization
Taylor McCaffrey LLP
Lawyer(s)

Charles Roy

Faurschou Ag Centre Inc.
Law Firm / Organization
Fillmore Riley LLP
Lawyer(s)

Aaron W.K. Challis

- Parties: The plaintiff was Dynamic Capital Equipment Finance Inc. The defendant was Faurschou Ag Centre Inc. 

- Subject Matter: The plaintiff paid the defendant about $1.6 million to buy agricultural equipment, which would eventually be used by a Manitoba farm. Since the plaintiff would lease the equipment to the farm, they signed leases. Some equipment was delivered to the farm, some remained in the defendant’s yard as of the hearing date, and some was not yet manufactured. The plaintiff sued the defendant for about $1.2 million then moved for summary judgment alleging contractual breach, tort, and unjust enrichment. 

- Ruling: The court partly granted the plaintiff’s motion. The court held that the defendant breached its contract with the plaintiff and owed it damages, pre- and post-judgment interest, and costs. The court held that the defendant breached its contract with the plaintiff when it issued a hold-off directive on Dec. 21, 2022 and delayed the delivery process. The court said that there was an implied term that the defendant would not actively delay delivery and that delivery delayed by the defendant’s affirmative actions would not have been reasonable. 

- Date: The court released its decision on Jan. 16, 2025. 

- Venue: This was a case before the Court of King's Bench of Manitoba. 

- Amount: The court found the defendant liable to the plaintiff for $684,921.97 in damages. The court ordered each party to bear its own costs, considering all the factors in r. 57.01(1). 

Court of King's Bench Manitoba
CI 23-03-00862
Civil litigation
$ 684,922
Plaintiff