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ARTICLE · 20 FEBRUARY 2014

Agricultural Law NetLetter - Issue 293

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A Justice of the Manitoba Court of Appeal granted leave to appeal from a decision of a Manitoba Court of Queens Bench Justice.

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
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Highlights

A Justice of the Manitoba Court of Appeal granted leave to appeal from a decision of a Manitoba Court of Queen's Bench Justice. The Court of Queen's Bench Justice held that feed suppliers who had supplied feed to a large commercial hog operation during the two week period prior to a CCAA application may have an unjust enrichment claim arising from an alleged fraud on the part of the processor, who allegedly ordered feed while preparing for the CCAA application with no intention of paying for it. The Appeal Court concluded that there were important issues of law and CCAA practice at stake which should be considered by the Court of Appeal. (Puratone Corp. (Re), CALN/2014-007, [2014] M.J. No. 25, Manitoba Court of Appeal)

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