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

Friends and family of Sonya Riome, 35, are confirming she died in the fire. (Submitted)
Woman dies in weekend Revelstoke house fire

The fire gutted the property

Above, MLA-elect Doug Clovechok cast his vote early. Photo submitted
MLA-elect Clovechok reflects on election

He’s ready to get to work as an opposition MLA, he says

While Revelstoke has one of the oldest bear awareness societies in the province, the city has yet to implement a community wide bear-proof garbage system. (Submitted)
Saving bears: Revelstoke’s garbage dilemma

More than 400 bears have been killed in the city since 1986

Your Columbia River Revelstoke candidates; Nicole Cherlet (NDP); Samson Boyer (Green) and Doug Clovechok (BC Liberal). The polls are closed and ballots being counted. (File photo)
BC VOTES: Clovechok preliminary winner with 52 per cent of the vote

35 of 77 polls have reported and The Canadian Press is calling Clovechok winner

Firefighters and RCMP are on scene at a fire on Douglas Street. (Jocelyn Doll - Revelstoke Review)
PHOTOS: Firefighters battling blaze on Douglas Street

RCMP are also on scene and blocking off access to the street

NDP Leader John Horgan celebrates his election win in the British Columbia provincial election in downtown Vancouver, B.C., Saturday, Oct. 24, 2020. THE CANADIAN PRESS/Jonathan Hayward
Horgan celebrates projected majority NDP government, but no deadline for $1,000 deposit

Premier-elect says majority government will allow him to tackle issues across all of B.C.

B.C. Liberal Leader Andrew Wilkinson speaks during a drive-in car rally campaign stop at a tour bus operator, in Delta, Saturday, Oct. 17, 2020. THE CANADIAN PRESS/Darryl Dyck
Andrew Wilkinson stepping down as B.C. Liberal leader

Will stay on until the next party leader is chosen

VicPD and B.C. Conservation Officer Service teamed up to free two bucks who were entangled in a fishing net and dragging a wheelbarrow sized piece of driftwood behind them. (VicPD)
VIDEO: Police, B.C. Conservation help two bucks caught in one fishing net

Bucks were also dragging a wheelbarrow sized piece of driftwood behind them

Apex Mountain Resort received 35 centimetres of fresh snow over the weekend, prompting some to head out for some early season turns. (Apex Mountain Resort / Facebook)
Stay off the mountain: Apex warns of early season dangers

Recreational use of the mountain before opening day comes with serious risks

Armstrong’s Christyna Whieldon is $1M richer after scoring a winning Lotto 6/49 ticket from the general store. (BCLC contributed)
Armstrong mom $1M richer after candy run

Christyna Whieldon bought a winning ticket from Armstrong’s general store

An Instagram post from Matty Rebman shows his injuries as well as a plea to the driver who struck him. (Instagram/Matty Rebman)
Hit and run kills dog, severely injures West Kelowna man

The car was abandoned but police could not locate its driver

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

The Penticton Indian Band is opposing any hunting of local big horn sheep which are an at-risk population. (submitted photo)
Penticton Indian Band oppose big horn sheep hunts

Local big horn sheep are an at-risk population

FILE – B.C. Lions and Toronto Argonauts owner, Senator David Braley speaks after the CFL announced Vancouver will host the 2014 Grey Cup championship football game during a news conference in Vancouver, B.C., on Friday March 8, 2013. THE CANADIAN PRESS/Darryl Dyck
BC Lions owner David Braley dead at 79

Braley had bought the CFL team prior to 1997 season

Most Read