Certified Mining — Saskatchewan statement of claim

Plaintiff pleadingSupplied copy · private research edition

Court: Court of King's Bench for Saskatchewan, Saskatoon
Proceeding: KBG-SA-897-2026
Document format: PDF · 11 pages
Date and filing status: 2026-07-21 · Issued date shown in scanned court form

In short

Saskatoon dealer Certified alleges product defects, warranty and parts/software support failures, and manufacturing-year misrepresentations through serial plates.

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Reading limits

User-supplied copy received 6 October 2026; not independently authenticated against the court registry. Pleadings record allegations and requested relief; no merits ruling or damages award is supplied. Claim describes Certified as Saskatchewan equipment seller/renter and alleges XCMG Canada and the named Chinese company acted together in manufacture/distribution. Parent/control allegations at p2 are not independently corroborated. User-supplied scan; handwriting transcribed visually and not independently registry-verified. No defence, engineering reports, contracts, serial-plate evidence or subsequent court orders supplied/reviewed for this action. The claim alleges fraud and product defects; it does not adjudicate them or establish criminal charges or awarded damages.

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D006 · Source record S022 · KBG-SA-897-2026

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Context

Saskatoon dealer Certified alleges product defects, warranty and parts/software support failures, and manufacturing-year misrepresentations through serial plates. The pleading anticipates losses exceeding $1.5million; final relief amounts are to be determined at trial.

Parties and roles

Plaintiffs: Certified Mining and Construction Sales and Rentals Inc.. Defendants: XCMG Canada Ltd., Xuzhou Construction Machinery Group Imp. & Exp. Co., Ltd..

What this document records

Alleges late2022 Saskatchewan exclusive distribution agreement and purchase of at least39 units for approximately$1,949,082 excluding taxes. (PDF pp. 2-3, paras. 6-10).
Alleges fuel/hydraulic leaks, erratic controls, broken attachments, heat-related fuel-tank failure, lift electrical/harness/controller faults, and missing/incomplete welds identified in third-party engineering tests. (PDF pp. 3-4, paras. 11-13).
Alleges reimbursement of warranty costs was denied in almost every instance and access to parts/manuals/technical documents/diagnostic software was not provided adequately. (PDF pp. 4-5, paras. 14-18).
Alleges late2025 discovery that differing serial plates made equipment appear newer than its actual model year, making inventory unsellable. (PDF pp. 5, paras. 19-22).
Alleges unanswered demand to accept19 inventory units and7 leased units and reimburse acquisition/finance costs. (PDF pp. 6, paras. 23-24).
Pleads breach of contract, Sale of Goods Act warranties, negligent and fraudulent misrepresentation; seeks aggravated/punitive damages as well. (PDF pp. 6-10, paras. 25-44).
Anticipated to exceed $1,500,000 — Plaintiff's estimated damages threshold, not fixed relief total or award. Source uses the dollar sign without an explicit denomination; Canadian dollars are an inference from context, not an expressly labelled currency. (PDF p. 9, para. 43).
General/special/consequential damages and aggravated/punitive damages in amounts to be determined; third-party equipment-claim indemnification; equipment return at XCMG cost; reimbursement of purchase and financing costs; set-off declaration; interest and solicitor-client costs (p10 para45).

ELSEWHERE

Media and related records

External coverage provides context. Repeated allegations do not become independent findings.

Independent news reporting / Article

Chinese state-owned XCMG facing lawsuits alleging it defrauded Canadian equipment dealers

Global News / Corus Entertainment · 2026-10-16

Reporting: Amy Judd and Paul Johnson / Global News.

Global News quotes Ryan Martin, speaking at Vancouver’s law courts on October 16, alleging changed serial plates and model years on XCMG machines. XCMG Canada told Global News that Artic Machinery bought about $18 million in XCMG inventory it did not pay for, and that it is fully defending the civil claims. RCMP K Division confirmed its auto theft unit carried out the April search and that the investigation is ongoing.

Read at source

Review scope & rights

Full publisher article read on 18 October 2026. Allegations are the dealer’s account, not court findings; the $18 million figure is XCMG Canada’s statement, not a judgment. The article spells the company "Arctic Machinery"; court records use "Artic Machinery". Whether Martin spoke in a hearing or to reporters is not stated.

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Original URL: https://globalnews.ca/news/12106044/chinese-xcmg-lawsuit-defrauding-equipment/

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