Judge tosses tater case

Hey there, time traveller!
This article was published 23/03/2017 (2583 days ago), so information in it may no longer be current.

After nearly a decade of litigation, a Manitoba Court of Queen’s Bench Justice has dismissed a Steinbach farm’s negligence case against Peak of the Market.

In 2008, Kevin Pankratz of Pankratz Farms, a Steinbach-area potato producer, filed a statement of claim against Peak of the Market alleging negligence in approving the purchase of a farming operation between Pankratz and the Kreviazuk brothers in February 2005 and the reallocation of 23,395 bags of potato quota. Pankratz alleged Peak acted in bad faith when they cancelled that approval and reallocation in March 2007. Pankratz also claimed Peak was in breach of good faith by failing to include them in the direct pricing market in 2006 and 2007. Pankratz was seeking compensation and punitive damages.

The matter went to trial in mid-November before Justice Lori Spivak. Much of the nearly two-week trial focused on the complexities of how the potato market operates and where, if any, either party erred in the legalities of producing potatoes.

In her 31-page decision released last week, Spivak dismissed Pankratz’s claim. Spivak found she was not satisfied that Peak was negligent in the decision made to approve the farming operation purchase and reallocation of 23,395 bags of potato quota. Neither was she satisfied that Peak breached its duty of good faith in canceling the potato quota reallocation. Spivak also found no basis to conclude Peak intentionally or unfairly disregarded Pankratz in the direct price market in 2006 or 2007.

Since she determined there was no liability on Peak’s part, Spivak did not order Peak to pay any compensation damages to Pankratz Farms for the financial loss they felt they incurred.

“There is no basis for an award of punitive damages in this case. There is no suggestion in the evidence that any of the individuals on behalf of Peak were motivated by malice or engaged in high-handed conduct,” Spivak wrote.