Black Press Media files

Black Press Media files

$2.9 million judgment in B.C. blueberry farm sabotage lawsuit

The new owners saw most of their farm ruined just as they took possession

The new buyers of a Langley blueberry farm won a $2.9 million lawsuit against the previous owners for sabotaging the crop with weed killer just before the sale completed.

Malkiat Singh Baring and Satwant Kaur Baring, husband and wife and experienced farmers, bought a 60-acre Langley blueberry farm in a foreclosure sale for $5.5 million in the early summer of 2017, just before the berries were ripe and ready to harvest.

But after a weeks-long legal wrangle with previous owners, brothers Zora and Harminder Grewal, who were fighting the foreclosure, the Barings couldn’t take possession until July 17.

When the Barings arrived on their new property, they found the bushes were turning yellow and dying.

“Shortly before the plaintiffs bought the farm, somebody sprayed herbicides over most of the fields,” B.C. Supreme Court Justice Geoffrey Gomery wrote in a judgment released this week. “The blueberry bushes were ruined. The ripe blueberries were rendered unfit for human consumption.”

READ MORE: Weedkiller sabotage claimed in Langley blueberry farm lawsuit

On July 13, the fields were sprayed with what the Grewals said was malathion, a pesticide.

But there was another spraying incident around the same time, this one under cover of darkness.

“One day shortly before the farm was sold to the plaintiffs, in the early morning hours not long after midnight, another neighbour was awakened by the sound of a tractor working in the fields on the farm,” Gomery wrote. “This was unusual and the tractor was behaving unusually, accelerating up and down the rows of blueberry bushes.”

This is suspected to have been when Roundup, a potent weedkiller, was sprayed on the crops, late on July 13 or early July 14.

Circumstantial evidence points to the Grewals as the ones who sprayed Roundup on the fields, Gomery ruled.

They were the only people who had access to the tractor, spraying equipment, and to the locked pump house needed for water to mix with herbicides.

Gomery noted that when the Barings arrived to take possession, they had to use a grinder to cut through a padlock and metal plate over the pump house door, and that the Grewals admitted they were the only ones with keys.

“It is not impossible that the culprits brought thousands of litres of water onto the farm for the spraying or that the pump house happened to be unlocked when the culprits came to the farm, but it is very unlikely,” wrote Gomery.

He called the idea that strangers came and sprayed the fields “far fetched.”

The judge also noted that on July 8, Harminder Grewal told Satwant Baring that she and her husband should “walk away” from their deal to purchase the farm, saying they would be getting involved in a dispute between the Grewal brothers.

“If this was not a threat, it was at the least a warning,” wrote Gomery.

The conversation showed that Grewal was not confident his legal challenge to stop the sale would succeed, the judge said.

Zora Grewal was also clearly upset by the sale, as he showed up on the night of July 17, after the Barings had taken possession, and attempted to break into a farmhouse.

“He was intoxicated and using a hammer to try to break down the door,” Gomery wrote.

The Barings called police after a yelling match.

Gomery decided on the balance of probabilities that Harminder and Zora Grewal, or one of them, sprayed herbicides on the blueberry crops.

About 90 per cent of the crop was sprayed, he noted, and the damage will take years to remedy.

The judge found the Barings were entitled to $2.79 million returned from their purchase price for losses to the crops and future losses, plus $150,000 in punitive damages.

Like us on Facebook and follow us on Twitter

AgricultureBC Supreme CourtFarmingLangleylawsuit

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

Just Posted

The property on which a residential school (pictured) that was torn down years ago in Lower Post is to be the location of a cultural centre. (Indian Residential School History and Dialogue Centre photo)
Lower Post residential school building to be demolished, replaced with cultural centre

Project to be funded by federal and provincial governments, Daylu Dena Council

Photo collage of loved ones lost to substance use and overdose. (Photo courtesy Moms Stop The Harm)
B.C. overdose deaths still rising 5 years after public health emergency declared

Moms Stop the Harm calls on B.C. to provide safe supply in response to deadly illicit drug use

Angelique Houlihan gets her COVID-19 vaccine jab last week at the community-wide clinic. (Angelique Houlihan photo)
Vaccine clinic continues this week

Plenty of booking spots available

District of Houston
Council adds flexibility to spending decisions

Singles out road works as potential beneficiary

Filling potholes in Houston
Holes filled on Highway 16

Potholes aren’t restricted to District of Houston streets. Lakes District Maintenance crews… Continue reading

A woman wears a protective face covering to help prevent the spread of COVID-19 as she walks past the emergency entrance of Vancouver General Hospital in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
Top doctor warns B.C.’s daily cases could reach 3,000 as COVID hospitalizations surge

There are more than 400 people in hospital, with 125 of them in ICU

The father of Aaliyah Rosa planted a tree and laid a plaque in her memory in 2018. (Langley Advance Times files)
Final witness will extend Langley child murder trial into May or June

Lengthy trial began last autumn with COVID and other factors forcing it to take longer than expected

The corner of 96th Avenue and Glover Road in Fort Langley now has traffic signals, and new “touchless” signal activation buttons. (Matthew Claxton/Langley Advance Times)
Busy Fort Langley intersection gets ‘touchless’ crosswalk signals

The new traffic light started operation in April

A crossing guard stops traffic as students wearing face masks to curb the spread of COVID-19 arrive at Ecole Woodward Hill Elementary School, in Surrey, B.C., on Tuesday, February 23, 2021. A number of schools in the Fraser Health region, including Woodward Hill, have reported cases of the B.1.7.7 COVID-19 variant first detected in the U.K. THE CANADIAN PRESS/Darryl Dyck
COVID-infected students in Lower Mainland schools transmitting to 1 to 2 others: data

Eight to 13 per cent of COVID cases among students in the Lower Mainland were acquired in schools, B.C. says

Norm Scott, president of Royal Canadian Legion Branch # 91, is disappointed the Legion does not qualify for COVID financial assistance from the provincial government. (Black Press Media file photo)
B.C.’s pandemic aid package passing Legion branches by

Federal non-profit status stymies provincial assistance eligibility

Latest modelling by public health shows cases generated by COVID-19 infections into places where it can spread quickly. (B.C. Centre for Disease Control)
Industrial sites, pubs, restaurants driving COVID-19 spread in B.C.

Infection risk higher in offices, retail, warehouses, farms

Vancouver Canucks forward J.T. Miller said it would be “very challenging and not very safe” for him and his teammates to play as scheduled on Friday. THE CANADIAN PRESS/Darryl Dyck
Canucks’ return to ice postponed again after players voice COVID health concerns

Friday’s game against the Edmonton Oilers was called off after the team met virtually with the NHLPA

B.C. Attorney General David Eby, Minister Responsible for Housing. THE CANADIAN PRESS/Chad Hipolito
B.C. announces $2B for affordable, middle-income family home projects

HousingHub financing to encourage more developers, groups – with low-interest loans – to build affordable homes

Most Read