Case information
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40719
Ryanview Farms, et al. v. Maple Leaf Foods Inc.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-02-23 | Close file on Leave | |
| 2024-02-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-02-22 | Judgment on leave sent to the parties | |
| 2024-02-22 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C67938, 2022 ONCA 532, dated July 15, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2024-02-22 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2024-01-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-01-15 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-06-13 | Reply to the motion to extend time to file and/ or serve the leave application, Completed on: 2023-06-13, (Printed version filed on 2023-06-13) | Ryanview Farms |
| 2023-06-08 | Notice of name, (Printed version due on 2023-06-15) | Maple Leaf Foods Inc. |
| 2023-06-08 | Response to the motion to extend the time to file and / or serve the leave application, Completed on: 2023-06-08, (Printed version filed on 2023-06-08) | Maple Leaf Foods Inc. |
| 2023-06-08 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2023-06-08) | Maple Leaf Foods Inc. |
| 2023-06-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-06-08, (Printed version filed on 2023-06-08) | Maple Leaf Foods Inc. |
| 2023-05-29 | Notice of change of solicitor, (Printed version due on 2023-06-05) | Maple Leaf Foods Inc. |
| 2023-05-09 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on May 9th 2023 | |
| 2023-05-05 | Book of authorities, (Book Form), Completed on: 2023-05-09, (Printed version filed on 2023-05-09) | Ryanview Farms |
| 2023-05-05 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-05-09, (Printed version due on 2023-05-12) | Ryanview Farms |
| 2023-05-05 | Affidavit, (3 volumes), Affidavit in support of motion to extend time, (Printed version due on 2023-05-12) | Ryanview Farms |
| 2023-05-05 | Notice of name, (Printed version due on 2023-05-12) | Ryanview Farms |
| 2023-05-05 | Certificate (on limitations to public access), Form 23A, (Printed version due on 2023-05-12) | Ryanview Farms |
| 2023-05-05 | Application for leave to appeal, (Book Form), Completed on: 2023-05-05, (Printed version filed on 2023-05-09) | Ryanview Farms |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Ryanview Farms | Applicant | Active |
| James Theodore Smith, Velma Jean Smith | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Maple Leaf Foods Inc. | Respondent | Active |
Counsel
Party: Ryanview Farms
Counsel
77 King Street West
Suite 4130
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-7200
FAX: (416) 593-9345
Email: stephena@stockwoods.ca
Agent
50 O'Connor Street Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5560
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca
Party: James Theodore Smith, Velma Jean Smith
Counsel
77 King Street West
Suite 4130
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-7200
FAX: (416) 593-9345
Email: stephena@stockwoods.ca
Agent
50 O'Connor Street Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5560
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca
Party: Maple Leaf Foods Inc.
Counsel
Christopher Afonso
Christian Breukelman
130 Adelaide Street West
18th Floor
Toronto, Ontario
M5H 3P5
Telephone: (416) 594-3396
FAX: (416) 366-1466
Email: ebowker@sblegal.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Damages — Quantum — Sale of goods — New trial ordered on assessment of damages in case involving sale of sickly breeding pigs — Seller suing on unpaid invoices for replacement of animals, while purchaser counterclaiming on losses related to fitness of pigs — Damages awarded in favour of purchaser in courts below — Post-breach events complicating assessment of purchaser’s lost profits — In what circumstances may a court consider post-breach events in limiting a damages claim? — What is the correct measure of damages under the Sale of Goods Act, R.S.O. 1990, c. S.1?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicants, Ryanview Farms and others, purchased breeding pigs (or “gilts”) and boars from the respondent, Maple Leaf Foods Inc., to repopulate their herds. Some of the gilts arrived in poor health and became ill, and certain replacement gilts arrived infected with strep suis. Ryanview Farms claimed that Maple Leaf had agreed to provide additional replacement gilts and purebred animals at no cost, but Maple Leaf disagreed, and sued for outstanding invoices for the replacement animals. Ryanview Farms counterclaimed for damages arising from the loss of production due to the unsatisfactory quality of the gilts delivered. At trial, it was found that Maple Leaf was liable for damages in the amount of $564,324.42. The Court of Appeal allowed the appeal in part to correct the damages award for a certain period on account of misapprehension by the trial judge. On all other counts, the appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
11-2197, 2019 ONSC 7160
Maple Leaf Foods Inc. declared liable for damages in the amount of $564,324.42, inclusive of interest
Court of Appeal for Ontario
2022 ONCA 532, C67938
Appeal allowed in part to correct the award of damages between January 1, 2007 and November 30, 2007 to $283,678, plus prejudgment interest at the rate set by the trial judge, but otherwise appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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