After making plans to sell a large piece of composting equipment for use in Africa, the patent-holder who loaned it to the University of Guelph for research and development purposes learned the device had been disposed of without its consent.
That’s the allegation at the heart of a lawsuit from GEP Global Earth Productions Inc. seeking up to $1.1 million in compensation from the school for negligence, breach of contract and breach of the duties of good faith and honest contractual performance.
Referred to throughout the statement of claim as ‘the marvel,’ the device weighs about seven tonnes and sits on tracks. It was kept in a building specifically designed for its use at the university’s Ridgetown campus.
“The plaintiff never transferred ownership of the marvel to the defendant and the defendant remained responsible for the care and storage of the marvel,” the lawsuit states. “The plaintiff did not agree, did not acknowledge, and did not consent to the disposal of the marvel.”
University officials have not offered to compensate GEP Global Earth, which is based in the Barrie area, for the loss of its equipment, the lawsuit notes.
None of the allegations have been tested or proven in court and the U of G hasn’t filed a statement of defence at this time.
“We’re not able to comment on ongoing legal matters,” U of G spokesperson Jessamine Luck wrote in an email response to an inquiry from GuelphToday.
The device in question is an automated compost turner and transfer cart intended to help farming operations with nutrient management by turning manure and crop residuals into organic fertilizer, the lawsuit explains, noting it’s a system approved by Environmental Technology Verification of Canada that qualifies for greenhouse gas carbon credits.
GEP Global Earth claims it entered an agreement with the U of G in or around 1998 that would see the company retain ownership but the school would use and store it, as well as test various materials that could be used in the compost process.
“Initially, the defendant tested the marvel for its ability and efficiency,” the lawsuit explains, adding research and development was done in conjunction with university staff. “At one point, an open house was held at Ridgetown campus to discuss the features of the marvel, which contributed to the successful reputation of the marvel.”
When company officials met with university staff in or around 2015 to discuss the potential for hemp-related compost research, the device was reportedly deemed to be in good condition and did not require any repairs.
Then, in or around the summer of 2022, GEP Global Earth was approached by an unrelated party about selling it the device to use in an agricultural project in Africa. This inquiry prompted the company to reach out to the U of G.
That’s when the company learned school officials had “retired” the device a few years earlier.
“At no time prior to September 12, 2022, did the defendant advise the plaintiff that it was going to dispose of or destroy the marvel,” the lawsuit states.
GEP Global Earth is asking the court to award it $500,000 for negligence and/or $500,000 for damages on the basis of unjust enrichment, as well as $100,000 for aggravated, exemplary and punitive damages.
