B.C. Court of Appeal overturns decision for Sask. farm to pay ranch consultant $12M

Cattle stand in a pasture on the Perepelkin family farm near Leslieville, Alta., on Nov. 30, 2023. THE CANADIAN PRESS/Jeff McIntosh

British Columbia’s Court of Appeal has overturned a ruling that ordered the head of a massive Saskatchewan farming operation to pay $12 million to a B.C. consultant for a ranching deal in 2021.

In April of 2025, a decision from the court ordered Darrel Monette of Monette Farms to pay $12 million he allegedly promised to David Dutcyvich, who owns Vancouver Island-based 3L Developments Inc.

The ranching deal revolved around purchasing shares of BGCattle.

Dutcyvich had claimed that during a conversation in May of 2021, the pair had agreed that Dutcyvich would receive $12 million when the deal closed.

However, Monette claimed the conversation did not take place, maintaining that he made no agreement to do so.

• Saskatchewan farming baron ordered to pay $12M to adviser in B.C. ranching deal

In that court decision, Justice Emily Burke had said that after going through extensive testimony and evidence, she was satisfied that Monette and Dutcyvich entered an oral contract beginning in March of 2021.

“I am satisfied that the vital or fundamental terms of the contract were agreed to and sufficiently certain – essentially, that Mr. Dutcyvich would assist Mr. Monette in purchasing the shares of BGCattle in exchange for a fee of $12 million, so long as Mr. Monette demonstrated that Monette Farms had sufficient financial capability,” Burke explained in her decision.

Monette appealed the decision, arguing there was never a contract or an agreement.

In a Jan. 9, 2026 ruling, B.C.’s Court of Appeal overturned the order for Monette to pay the $12 million, with the farmer now ordered to pay $2.7 million.

In the decision, Justice MacNaughton agreed that Monette had contracted Dutcyvich for a job, but it was not clear whether a verbal contract on a fee was made.

“Although there was certainty as to the parties and the services to be provided, the parties had not agreed on the fee. The respondents were entitled to a restitutionary award. An award of $2.7 million was substituted as appropriate for the services rendered,” she wrote.

Monette Farms Ltd. – which is based in Swift Current, operates throughout Saskatchewan, Manitoba and the United States – with operations stretching as far south as Arizona. Darrel Monette serves as the sole owner and shareholder of his business.

Justice MacNaughton’s full decision can be read here.

-With files from David Prisciak and Drew Postey