A commercial rabbit farmer found out that the implied warranty
of merchantability under Ontario's Sale of Goods Act
provides no protection where causation is not proven and the
contractual documents provided no basis to determine the acceptable
level of toxins and other contaminants in rabbit feed.
In Jones Feed Mills Ltd. v. Raivio,1 a
commercial rabbit farmer, Raivio, began purchasing standard rabbit
feed from a manufacturer and supplier of commercial animal feed,
Jones Feed Mills Ltd ("Jones Feed"). From May to August
2005, while using the standard mix provided by Jones Feed, Raivio
experienced an average of 21.7 dead rabbits per day. Then, in
August 2005, Raivio and Jones Feed entered into a Customer Formula
Feed Agreement whereby Jones Feed agreed to provide Raivio with
custom feed made according to specifications developed and provided
by Raivio. The Customer Formula Feed Agreement did not provide for
an acceptable level of toxins or other contaminants in the
