A B.C. cannabis company is suing a transport firm for $834,901 after a shipment was seized at the U.S. border.
In an April B.C. Supreme Court notice of civil claim, We Grow BC Ltd. and Alberta-based Westleaf Labs claimed Kelowna-based Seven Elk Shipping had been told not to take the shipment across the U.S. border.
The claim said the plaintiffs engaged Seven Elks in January 2023 to transport cannabis products throughout Canada.
It said shipping agreements said Seven Elks would not attempt to transport cannabis products through the United States.
The claim said that, in May 2023, Seven Elks was to take possession of three pallets of cannabis from Port Coquitlam for transport to We Grow in Creston, and to take possession of two pallets from Delta for delivery to Westleaf in Calgary.
On May 17, the claim said, Seven Elks took possession in the same five-ton truck in exchange for $11,901 in shipping fees.
“The products consisted of approximately 151,300 grams of cannabis products and paraphernalia, with a resale value of $823,317,” the claim said.
However, the claim asserted, that same day, the truck attempted to cross the border at the Peace Arch crossing.
“The U.S. Customs and Border Protection Trade Enforcement Branch seized the products,” the claim said. “U.S. Customs has either destroyed or refused to release the products to any of Seven Elks, We Grow or Westleaf,” the claim said.
The complainants allege the situation has harmed their reputation and forced them to incur costs to replace products.
They allege breach of contract, negligence, vicarious liability for the driver’s actions, damages and unjust enrichment.
We Grow and Westleaf also want compensation for the shipment and reimbursement of the shipping fees.
Seven Elks did not respond to a request for comment
None of the allegations have been proven in court.
