What the hay: B.C. woman takes legal fight to horse facility over feed for thousands
A B.C. woman brought a legal fight to a horse facility after claiming that the hay she bought was dusty and mouldy.
In a decision posted on the BC Civil Resolution Tribunal website, the applicant claimed $4,419 in damages against a B.C. equestrian facility, alleging that the hay she bought was “generally unsuitable.”
The $4,419 in damages would cover the cost of the hay plus the cost of renting a forklift to move it.
In response, the facility said that the hay that was purchased was fine and that there was nothing wrong with it.
The applicant told the tribunal that she saw an advertisement for 1,200-pound bales of hay. A June 2024 invoice that was shared with the tribunal indicated that 10 bales of hay were delivered for $4,066 with tax. The applicant paid the invoice via e-transfer.
The applicant said that her horses graze in the field and don’t need hay in the summer.
“When she opened the first hay bale in September, she found it was dusty and mouldy,” the tribunal decision states.
As for evidence for her claims, the applicant submitted a video that demonstrated the dusty hay. However, the tribunal said it was difficult to draw any conclusions from the video in question.
The tribunal acknowledged that there is some visible dust from the hay when shaken; however, it added that it didn’t know if it was an unusual amount of dust.
“I also do not know whether the dust is indicative of mould,” the tribunal admitted.
The applicant provided some additional evidence that wasn’t enough to necessarily prove dust or mould. She also told the tribunal that her veterinarian advised that the hay was dusty and mouldy in some sections and did not recommend feeding it to her horses unless thoroughly soaked in water. However, the applicant did not provide a statement.
The respondent provided some potential explanations for the deterioration of the hay after the original delivery. She also called into question the way the applicant stored the hay, which could have led to mould growth.
Without any expert evidence, the tribunal ultimately dismissed the case of the dusty hay, awarding no damages.