When is a piece of sod that fell off a pick-up truck not cargo but debris?

The appellant also relies on the decision of Michel v. John Doe, 2008 BCSC 40, to submit that the piece of sod that fell off the pick-up truck was not cargo but debris. In that decision, the presiding judge found that a rock constituted “debris foreign to the cargo of logs”. The court acknowledged that the regulation at stake in that case imposed a high standard with regard to containment on cargo. However, the judge was not persuaded that the regulation went as far as requiring containment “that would completely prevent dislodgement of contamination of a load by debris such as rocks, soil, ice, snow or mud that may have been inadvertently trapped in the log cargo during the loading process”.