B.C. tribunal dismisses claim over dusty, mouldy hay sold to equestrian facility

The Story

A dispute over the quality of hay sold to a B.C. equestrian facility has ended with the B.C. Civil Resolution Tribunal dismissing a woman’s claim for damages.

In the application, the claimant alleged that the hay she purchased was dusty and mouldy and was “generally unsuitable” for feeding her horses. She sought $4,419, a figure that included the cost of the hay and the additional expense of renting a forklift to move it.

The records before the tribunal included a June 2024 invoice showing 10 bales of hay were delivered for $4,066 plus tax. The claimant said she paid the invoice by e-transfer after receiving the shipment.

According to the tribunal decision, the claimant did not rely on summer feeding, saying her horses graze in the field and do not need hay during that season. She reported that when she opened the first bale in September, she found the hay to be dusty and mouldy.

To support her account, the claimant submitted video evidence showing dust from the hay. The tribunal, however, said it was difficult to draw reliable conclusions from the video, including whether the amount of dust was unusual compared with ordinary dust that can come from shaking hay.

The panel also noted it could not determine from the evidence whether dust was indicative of mould. While the claimant provided other material, the tribunal found it was not enough to establish that the hay was actually mouldy or proven to be unfit as sold.

The claimant also told the tribunal that a veterinarian advised her the hay contained dusty and mouldy sections and should not be fed unless thoroughly soaked in water. The decision states the claimant did not provide a statement from the veterinarian to substantiate that advice or its basis.

In response, the equestrian facility said the hay purchased was fine and that there was nothing wrong with it. The tribunal recorded that the respondent suggested possible explanations for deterioration after the original delivery and also questioned whether the claimant’s storage practices may have contributed to mould growth.

Without expert evidence to connect the condition found later to the quality of the hay at the time of sale and delivery, the tribunal dismissed the claim. No damages were awarded.