S-29 - Butter and Cheese Societies Act

Section 12 Disposition versions

1977-12-31

12. Every society formed under this act may also sue in its own name for damages suffered by it, including all damages sustained by it in its business or industry, against any person who has brought to the factory unwholesome or sour milk, or milk that has been skimmed or that has been in any way adulterated, whether such person be a member of the society or not.

For the purposes of this section, all damages caused by any person to the patrons who are members of such society, from unwholesome or sour milk, or milk that has been skimmed or that has been in any way adulterated, having been supplied, shall be deemed to have been suffered by and shall be payable to such society, which may sue for the recovery thereof, and shall apportion the amount recovered among its members in proportion to the quantity of milk or cream supplied by each during the time determined by the board of directors, and in the manner directed by the board.

Actions taken in virtue of this section may be instituted before any civil court having jurisdiction.

R. S. 1964, c. 125, s. 12.