HIGHLIGHTS
- The Supreme Court of Canada has recently dismissed an application for leave to appeal from a decision of the Manitoba Court of Appeal. The Manitoba Court of Appeal had upheld a lower Court's decision that dismissed a Manitoba cattle farmer's claim for damages of $810,000.00 allegedly sustained by his cow-calf operation as the result of the provision of defective mineral supplements by Federated Co-operatives Limited. Federated Co-operatives Limited had admitted liability, and that it was in breach of contract for not providing the mineral supplements specified by the farmer. Causation and damages were, however, strongly contested and the Court of Appeal directed that the issues involved were so complex that examinations for discovery and trial were required to properly assess the claim. The decision sets out the test for causation of damages as it relates to breach of contract claims. (Berscheid v. Federated Co-operatives Ltd., CALN/2019-007, [2018] M.J. No. 63, Manitoba Court of Appeal)
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