Mosiuk v BASF Canada Inc., 2025 SKCA 90
2025-09-12
Read full decision. Summary prepared by Alan Macek:
BASF Canada Inc. suspected Mr. Mosiuk had planted a canola crop in violation of its patent rights and applied pursuant to Rules 6-41 and 6-44 of The King’s Bench Rules for an interlocutory injunction and preservation order. ... In general terms, the Decision authorized BASF to enter onto Mr. Mosiuk’s land, take leaf samples from his canola crop, and conduct destructive testing on those leaves to determine whether the crop had been grown in violation of BASF’s rights. These steps have all been completed. Mr. Mosiuk and Ms. Skrapek appeal from the Decision. They contend the judge made numerous jurisdictional, legal, and evidentiary errors and that the injunction and preservation order should not have been granted. They ask this Court to set aside the Decision and grant orders directing BASF to destroy all samples and test results or alternatively, prohibiting BASF from using the samples and test results in evidence at trial. For the reasons that follow, I would dismiss the appeal.