Appeal court chops damages in Purina case Thursday, June 23, 2011 by SUSAN MANNAn Ontario Appeal Court has slashed the amount of monetary damages Agribrands Purina Canada Inc. will have to pay for breach of contract with a former Halton region feed dealer.Last year, Superior court Judge Michael Quigley awarded Walter Kasemekas and his brother, the late Raymond Jackson, more than $2 million in damages in their suit against Purina as well as Ren’s Feed Supplies Ltd., Walter Rendell Job and the Estate of Edward James McGrath. The brothers claimed that Purina had breached its contract and engaged in a conspiracy with the others named in the suit that contributed to the failure of their business, Raywalt Feed Sales Ltd.In their unanimous written decision released June 20, Ontario Appeal Court justices S.T. Goudge, E.E. Gillese and R.G. Juriansz called Purina’s actions “deceitful,” as well as “reprehensible and deserving of sanction.” But they overturned much of Judge Quigley’s decision and chopped out a hefty three quarters of the amount in damages previously awarded. The justices heard the appeal Feb. 14.The Appeal Court upheld the trial judge’s $30,000 award for punitive damages noting “(1) punitive damages are very much the exception rather than the rule, (2) imposed only if there has been high-handed, malicious, arbitrary or highly reprehensible misconduct that departs to a marked degree from ordinary standards of decent behaviour.”Kasemekas estimates the Appeal Court judgment means Purina will now only have to pay about $411,000 in damages. The decision is not totally unexpected, Kasemekas says. “But I’m not happy about it.” Kasemekas says he won’t appeal the decision to the Supreme Court of Canada. Purina president and general manager Charles Lapointe couldn’t be reached for comment.During the Superior Court hearing in Milton in 2009, the court was told that Purina terminated its dealership agreement with Ren’s in July 1990 and signed a dealership agreement in 1991 with Kasemekas and Jackson to supply Ren’s former territory. But throughout the year Kasemekas and Jackson were in business (1991 to 1992), Purina continued to supply Ren’s with Purina products at preferred costs only available to dealers. While Judge Quigley, found this was one of the reasons that caused the brothers’ business to fail, the Appeal Court justices concluded only Purina engaged in any unlawful conduct. “As a consequence the finding of unlawful conduct conspiracy and the damages flowing from it must be set aside,” it says in their written decision.They set the breach of contract damages at $198,665.83 plus a prejudgment interest rate of 5.1 per cent and kept the punitive damages against Purina at $30,000. That’s the same amount Judge Quigley set in his Jan. 6, 2010 decision.Purina and the others appealed the finding of unlawful conduct conspiracy. They also said the trial judge made mistakes in calculating damages for that finding and in the rate he applied for prejudgment interest. Judge Quigley applied a prejudgment interest rate of 6.65 per cent. But the Appeal Court judges say in their written decision he erred in using that rate and the proper applicable rate that should be used is 5.1 per cent.Purina didn’t contest the breach of contract finding against it, but it did question the method used to calculate the damages for that breach. Purina also appealed the finding of punitive damages against it. BF Consult farmers about virus management: tender fruit growers' chair Solar roof on eastern Ontario pullet barn unveiled
Canadian Meat Council Sets New Plan to Strengthen Red Meat Competitiveness Thursday, November 12, 2026 Canada’s red meat processing sector has a new three-year strategy aimed at strengthening its competitiveness as meat companies navigate changing trade relationships, regulatory pressures and an increasingly complicated global marketplace. The Canadian Meat Council (CMC) has released... Read this article online
Upcoming winter Ontario farm shows Thursday, November 12, 2026 As Ontario producers continue the 2026 harvest, lessons from the season that was, and preparation for 2027 begins with the winter farm show circuit. Here are some of the shows farmers can attend in the next few months. The Advancing Women in Agriculture Conference East takes place Nov.... Read this article online
CANZA Expands Climate-Smart Farming Program by 36,000 Ontario Acres Thursday, November 12, 2026 Ontario farmers interested in adding regenerative practices to their operations will have another opportunity to receive financial and agronomic support in 2027. Canadian Alliance for Net-Zero Agri-Food (CANZA) is expanding its Million Acre Challenge by 36,000 acres, with... Read this article online
Hensall Co-op Awards $17,500 to Seven Ontario Students Tuesday, November 10, 2026 Seven post-secondary students are receiving financial support from Hensall Co-op as they pursue education connected to agriculture and the future of rural communities. The Ontario farmer-owned co-operative has announced the 2026 recipients of its Bright Futures Scholarships, with each... Read this article online
Ag organizations call for immediate pause to Alto project Tuesday, November 10, 2026 Three Canadian farm groups are asking the federal government to suspend the Alto rail project. The presidents of the Canadian Federation of Agriculture (CFA), Ontario Federation of Agriculture (OFA), and Union des producteurs agricoles (UPA) in Quebec wrote to Transport Minister Steven... Read this article online