“Not a unique situation,” farmers’ union says
Dean Powell, a Waterville dairy farmer, has been embroiled in a legal battle for over three years due to alleged faulty barn construction that has devastated his livestock and finances. Powell claims that a contractor installed incorrect ventilation and stalls, resulting in the deaths of 151 cows at his farm, Broadvista.
“The stalls were too big for my breed of cattle,” Powell explained to The Record in an interview at his farm June 18. “My cows would get stuck, break their backs and hips. It was a disaster.”
Powell said he initially sought assistance from the Union des Producteurs Agricoles (UPA), but was told there was insufficient evidence to take action. “The president of the UPA said they didn’t want to open a can of worms,” Powell recounted.
In an attempt to resolve the issues, Powell approached the contractor, who he claims frivolously suggested he burn the barn down. “You won’t make the same mistakes twice.”
Powell decided to take legal action, seeking $1.6 million in damages for repairs alone. However, he has faced continuous obstacles. “They offered me $60,000. The contractor said he’d go bankrupt and start anew for $2,500. It’s infuriating,” Powell said.
The engineering firm responsible for the barn design has also been uncooperative, according to Powell. “They keep demanding $10,000 for expert reports, but they won’t provide the reports,” Powell stated. Despite multiple reports, Powell insisted none have been made available to him or his lawyer. Powell ultimately commissioned a report of his own from an animal welfare and comfort specialist.
Adding to the complexity, Powell has encountered significant challenges with his bank. “My bank made me get another job to pay off the debt from the repairs. I went into construction and saw even more mistakes by engineers,” Powell said. He mentioned instances of poorly constructed barns and leaking manure pits as examples.
Powell’s financial struggles have forced him to put his farm up for sale. “The bank said if I didn’t sell, they’d foreclose. I followed every rule, but they messed up,” he said. Powell’s mother even dipped into her retirement savings to help him buy cows to continue operations.
The involvement of a bank-appointed advisor further complicated matters. “He was supposed to help, but instead, he pushed to sell the entire farm, not just the 100 acres we agreed upon. He wants to make more money off the sale,” Powell alleged.
Powell said he has reached out to government officials, including Compton-Stanstead MP Marie-Claude Bibeau and provincial Minister of Agriculture André Lamontagne, but has received no assistance. “This all stems from their rules. There’s a lot of money that should be reimbursed,” Powell asserted.
Powell emphasized it is a broader issue facing many farmers. If everybody got together, banks could be sued for millions. “The higher-ups are breaking the rules, and no one is holding them accountable,” he said.
Despite the ongoing battle, Powell remains determined to seek justice and prevent similar occurrences for other farmers. “It’s unacceptable,” he stated.
Consultant Report – problems found in new barn at Broadvista Farm
Provided by Powell, a 2023 report by Steve Adam, an agricultural consultant specializing in animal comfort and welfare, revealed significant issues with the housing and ventilation systems at Broadvista Farm’s new barn. The report, based on a visit conducted by Adam and Peter Boerson on May 20, 2021, highlights several critical problems that potentially contributed to the loss of 30 cows (at the time of inspection) since the barn’s opening in August 2019.
Housing issues
The report outlines that the dimensions of the cow stalls (logettes) are not in accordance with the standard requirements for Jersey cows, leading to discomfort and injury. According to Dr. Neil Anderson’s formulas, the ideal stall dimensions for Jersey cows should be 102 inches for the total distance facing a wall and 184 inches for face-to-face distance. However, the actual measurements at Broadvista Farm fell short by 6 inches for the wall-facing distance, which could impede the cows’ ability to rise comfortably.
“The most significant issue is the length of the lying surface and the positioning of the brisket board,” Adam stated. “The cows advance too far forward, reducing the space in front of the wall necessary for a proper forward lunge. When attempting to rise, cows often get obstructed by the neck rail, which can lead to failed attempts and injuries.”
Additionally, the height of the neck rail was found to be too high, at 45-49.5 inches instead of the recommended 42 inches. This misalignment forces cows to strain their backs against the rail, causing distress and potentially leading to physical harm. “These adjustments are crucial for ensuring the cows’ comfort and preventing injuries,” Adam emphasized in the report.
Stall design flaws
The stall design, initially intended for Holstein cows, lacks adequate clearance for Jersey cows, particularly at the rear where a minimum of 24 inches is necessary to prevent the cows’ spines from contacting metal parts. During the inspection, it was noted that some stalls only provided 18 inches of clearance, posing a risk of injury.
Adam noted, “The rear clearance of some stalls is insufficient, which could cause injuries to the cows’ spines. Moreover, the lack of uniformity in stall heights exacerbates this problem, making it challenging to find a height that works for all cows.”
Ventilation problems
The report also identified critical ventilation issues that impact the barn’s air quality and the cows’ overall health. The barn uses a modular ventilation system with automatic controls for winter and a tunnel ventilation system for summer. However, the current setup is inadequate for providing sufficient airflow, especially during hot weather.
“During our visit, we observed that the barn’s ventilation system was not achieving the necessary airspeed to cool the cows effectively,” Adam explained. “For example, the theoretical airspeed was only 162 feet per minute, far below the 300 feet per minute required to mitigate heat stress.”
Adam’s report suggested that the barn’s summer ventilation could achieve 75 air changes per hour, theoretically sufficient. However, the actual airflow measurements showed significant discrepancies, with some areas receiving as little as 10 feet per minute. This inadequate airflow results in poor cooling and increased heat stress for the cows, evidenced by respiratory rates exceeding 60 breaths per minute during the visit.
Recommendations
To address these issues, the report recommends several measures, including adjusting the stall dimensions, lowering the neck rails, and improving the ventilation system. Adam also suggested consulting the equipment provider to rectify the automatic control parameters for the ventilation system.
“Improving the stall design and ventilation will significantly enhance the cows’ welfare and potentially reduce the mortality rate,” Adam concluded.
A conversation with the contractor
The contractor in question spoke in general terms to The Record, not about the case before the courts, but about issues faced when dealing with farm construction.
He explained some of the typical issues encountered in his line of work. “Well, sometimes when working with old buildings, you need to reinforce them.” He emphasized the importance of considering the structural integrity of old buildings. “With old buildings, there are more factors to consider, like ceiling height,” he elaborated.
The conversation then moved to the modifications commonly made to agricultural buildings. “We often install bunkers, silos… these modifications help farmers work more efficiently,” the contractor said. When asked about potential problems following the purchase of services, he provided a detailed explanation, mentioning issues such as water leakage and other unforeseen problems.
“Young cows… in free stables… they have never been in barns… it can cause many problems… you need a good plan to start with,” the contractor explained. He stressed the importance of proper planning and schematics for efficient operations.
Ventilation was another topic discussed. “And with ventilation, we can calculate that… there are data points that calculate air movement,” he said, pointing out that the costs can vary. “It depends on how much someone is willing to pay. Sometimes it’s too expensive. So, we work within the client’s budget.”
The Record asked about past issues with farmers, “Have you had problems with farmers before, issues where they were unhappy with your work?”
The contractor admitted there had been some issues, referencing the labour shortage and unforeseen issues that can delay a project.
“Not a unique situation,” says UPA-Estrie President
In an interview July 11, Michel Brien, President of the Fédération de l’UPA-Estrie, discussed the numerous issues farmers face with construction and renovation projects. The conversation covered a range of problems that farmers encounter, with Brien stressing that the discussion was not a specific judgment on any particular case.
“Yes, there are frequent problems,” Brien acknowledged when asked about construction issues on farms. He emphasized that mistakes in construction are not rare. “Producers often have to hire lawyers to take on these companies,” he said, explaining that companies sometimes shut down to avoid accountability, leaving farmers with few options for recourse. “It’s not a unique situation,” Brien insisted, referring to Powell’s claims.
Brien elaborated on various construction and equipment issues, citing examples of poorly installed milking robots. “There were robots that never functioned properly,” he said. “Farmers are often left without support and have to engage lawyers themselves.”
Discussing the reliability of suppliers, Brien mentioned that there are both good and mediocre ones. “Some suppliers acknowledge and correct their mistakes, while others are less cooperative,” he said. He recounted his own experience with farm renovations that did not meet expectations.
The conversation also touched on equipment issues. “There are times when equipment is not compliant,” Brien noted. He shared an instance where machinery parts were not up to standard, requiring intervention to correct the issue. “Some companies are good and will replace parts for free, but others are more independent and less helpful.”
Brien described the challenge of dealing with construction errors, whether in buildings or equipment. “It’s not uncommon for there to be errors that need correcting,” he said. He gave an example of a farmer who bought a new baler that repeatedly broke down. “It’s disheartening to pay a high price for equipment that doesn’t work half the time,” he said.
When asked about legal options for farmers, Brien confirmed that litigation is often the only viable route. “It’s almost the only option,” he said. He cited a case involving a supplier in Montérégie with two companies—one for robotics and one general. When issues arose with the robotics company, it shut down, leaving farmers without recourse.
Brien underscored the importance of vigilance during construction projects. “It’s crucial for farmers to monitor construction closely,” he advised. “Often, those who are most successful are the ones who ensure everything is done correctly.”
He also mentioned the need for farmers to stay vigilant about equipment quality. “Sometimes, equipment defects are at fault,” he said, highlighting the difficulty of holding companies accountable. “It’s tough, especially for new businesses trying to update their equipment and facilities.”
Brien briefly discussed Powell’s poorly designed stalls and his loss of over 100 cattle. “The injuries were frequent because the stalls were not properly adapted,” he explained. “It’s not something that happens overnight, but it accumulates over time, leading to significant losses.”
Brien concluded with a call for increased awareness and vigilance among farmers. “It’s sad, but these issues are quite common,” he said. “Farmers must stay on top of things to avoid these costly mistakes.”
The interview shed light on the pervasive problems within the agricultural construction sector and underscored the need for greater oversight and support for farmers. “We need to be vigilant and ensure that everything is done correctly,” Brien emphasized. “It’s not just about protecting our investments but also about ensuring the well-being of our livestock and the sustainability of our farms.”
