A much broader discussion on animal welfare, rights, cruelty, etc is warranted, on some other blog I guess. It seems how to calculate contractual damages is the least of the problems raised by this case.

-----Original Message-----
From: Harrington Matthew P. [mailto:matthew.p.harrington@umontreal.ca]
Sent: February-27-18 2:08 PM
To: Heather McLeod-Kilmurray <Heather.Mcleod-Kilmurray@uottawa.ca>; Andrew Tettenborn <a.m.tettenborn@swansea.ac.uk>; Andrew Newcombe <newcombe@uvic.ca>; obligations@uwo.ca
Subject: RE: Damages for killing a pig adopted from the SPCA

Punitives in a pure breach of contract might be problematic.

As for the criminal case that wouldn't benefit the RSPCA financially would it? Don't know about how fines are allocated. Where there is no cruelty then hard to see what the crime would be.
-------------------------------------------
Matthew P Harrington
Professeur titulaire
Faculté de droit
Université de Montréal
3101 chemin de la Tour
Montréal, Québec H3T 1J7
514.343.6106
matthew.p.harrington@umontreal.ca
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From: Heather McLeod-Kilmurray<mailto:Heather.Mcleod-Kilmurray@uottawa.ca>
Sent: February 27, 2018 1:15 PM
To: Harrington Matthew P.<mailto:matthew.p.harrington@umontreal.ca>; Andrew Tettenborn<mailto:a.m.tettenborn@swansea.ac.uk>; Andrew Newcombe<mailto:newcombe@uvic.ca>; obligations@uwo.ca<mailto:obligations@uwo.ca>
Subject: RE: Damages for killing a pig adopted from the SPCA

What about punitive damages to assist with deterrence? It would seem a criminal action would be appropriate too

From: Harrington Matthew P. [mailto:matthew.p.harrington@umontreal.ca]
Sent: February-27-18 12:56 PM
To: Andrew Tettenborn <a.m.tettenborn@swansea.ac.uk>; Andrew Newcombe <newcombe@uvic.ca>; obligations@uwo.ca
Subject: RE: Damages for killing a pig adopted from the SPCA

I'm afraid I agree. I`m not sure a corporation can get damages for emotional distress. As for adding the employees as parties, the agency questions would be rather more complicated wouldn't they? On the one hand, making them parties to the contract would possibly open the door to allowing them to recover damages for emotional distress, but again quantum would be important. On the other hand, they would conceivably be liable for the RSPCA's faults as well. Can't have it both ways. If they want the benefits that come with a breach by the client, would they not also be liable for breaches by their own employer? In my own case, I suppose it might be fun to be able to share in damage awards that run in favour of the university but I don't think I`d like to be on the hook for liabilities caused to third parties by my colleagues.

(Not that my colleagues they aren't all wonderful people, of course.)

Matt Harrington


De : Andrew Tettenborn [mailto:a.m.tettenborn@swansea.ac.uk]
Envoyé : 27 février 2018 04:40
À : Andrew Newcombe <newcombe@uvic.ca<mailto:newcombe@uvic.ca>>; obligations@uwo.ca<mailto:obligations@uwo.ca>
Objet : Re: Damages for killing a pig adopted from the SPCA


I certainly can't see any reason whatever for giving corporations damages for distress they can't suffer. Modest sums by way of liquidated damages seem the best way forward. $2500 seems well OTT; in England, even after Makdessi, I'm not sure I can see a court allowing a liq dams agreement for 50 times the value of the beast. Get real: this is only a guinea-pig.

Andrew

On 26/02/2018 22:31, Andrew Newcombe wrote:
Dear colleagues

Some of you may have seen this story: https://globalnews.ca/news/4042125/pig-adopted-bc-spca-killed-eaten-owners/

One of my students adopted a guinea pig from the SPCA over Christmas (which he and his girlfriend have named Estoppel) and his SPCA adoption contract provides as follows: ""If during the first year of ownership I am unable to keep or otherwise provide for this animal I will return it to the BC SPCA and will neither give it away nor have it destroyed except on the advice of a veterinarian."

Assuming the same provision applies and was breached, what damages, if any, could the SPCA claim for breach of the provision to return the pig. While there could be a restitutionary claim for the value of the pig (or disengorgement of the benefit of the BBQ .), I am more interested in a claim for other types of damages. Courts have granted mental distress damages for breaches of pet adoption agreements (in Weinberg v. Connors, a court found a breach of a cat adoption contract, where the person adopting the cat failed to advise the plaintiff of the location of the cat (https://www.canlii.org/en/on/onsc/doc/1994/1994canlii7337/1994canlii7337.html?autocompleteStr=WEINBERG%20V%20CONNORS%20%20%20&autocompletePos=1). The problem is that the "pet" cases where mental distress damages have been granted have involved natural persons. Is there any authority for the proposition that an organization like the SPCA could maintain a claim for mental distress damages? Do you think in this situation, the SPCA could claim under another head of damages, perhaps for loss of reputation?

If the SPCA were to contract on its own behalf, as well as its staff, do you think it could claim damages for the mental distress suffered by its staff?

What about having a liquidated damages clause of say $2500 for breach of the return obligation to compensate for loss of reputation and emotional distress to SPCA staff and members? Would this ever stand up to court scrutiny?

I would be most interested in your views.

Best regards



Andrew

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