Ken Ireland has been trying for 20 years to establish a new breed of cattle derived from a cross between a cow and a yak.
A recent incident brought to light in a lawsuit involving a Toronto businessperson and a Qu’Appelle, Sask., farmer has prolonged that struggle.
At the centre of the lawsuit is the slaughter of one of the original herds of the evolving Kenalta breed.
“Now they’re all gone. That really was a kick in the pants for the Kenalta Association,” said Ireland, a Fort Saskatchewan, Alta., farmer and president of the association.
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James Haryett is suing Toronto businessperson Satt Balroop over what he says is an unpaid bill for pasturing Balroop’s herd of cattle, which were a cow-yak cross.
In his statement of claim Haryett said Balroop owes him $73,658.10 plus interest for pasturing 43 cows, two bulls and 29 calves, which were delivered to Haryett on June 19, 1998. The invoice is for expenses incurred from the delivery date to July 25, 1999.
A statement of claim consists of unsubstantiated allegations not proven in court.
Haryett said the two parties agreed to fees of $1.50 per day for adult cattle and 50 cents per day for calves for pasture grazing throughout the summer and $2.95 per day per animal for out-of-pasture grazing in winter.
Balroop denies that he agreed to those charges and said he has always been prepared to pay reasonable rates.
In his statement of defence, Balroop said Haryett placed his personal brand on the specialized livestock without Balroop’s consent and sold part of the herd at auction, keeping the money earned from the sale. He also alleges he lost one bull due to Haryett’s actions.
The other side
Balroop is suing Haryett in a countersuit, asking for the return of the remaining eight yaks, proceeds from the auction, damages for losses incurred by the sale of his animals, and punitive or exemplary damages.
In his statement of defence to the counterclaim, Haryett said Balroop agreed to the rates before delivering his animals.
He also alleges that in July 1999, Balroop attempted to remove the livestock from Haryett’s care without paying his account. At that time, Haryett told Balroop he was claiming a lien on the livestock.
Haryett also alleges that Balroop seized the livestock and tried to move them out of Saskatchewan.
The attempt failed and Balroop transported the animals to Heartland Livestock where part of the herd was sold for $27,403.
The proceeds of the sale have been placed in trust until the dispute is resolved.
Haryett said he is not responsible for the loss of one bull belonging to Balroop or any potential losses incurred through the sale of the animals at auction.
