When you’re the world’s largest bakery company, you don’t take a hit lying down. Grupo Bimbo SAB de CV has launched a C$2bn (US$1.42bn) lawsuit against Maple Leaf Foods Inc., claiming the Canadian food production company misrepresented key facts during the 2014 sale of Canada Bread.
This latest development adds more fuel to an already simmering legal feud over one of the bakery industry’s most controversial acquisitions.
The Mexican bakery giant’s claim – filed on 28 November in Ontario’s Superior Court of Justice – accuses Maple Leaf and several of its senior leaders of “fraudulent and negligent misrepresentation during the Canada Bread sale process”.
At the heart of the issue is a bread price-fixing scandal that has shaken Canada’s food industry.
A deal gone sour
At the time of the Bimbo’s acquisition – in 2014 for CAD $1.83bn – Maple Leaf held a 90% stake in Canada Bread and led the negotiations. According to Bimbo, it relied on Maple Leaf’s assurances about Canada Bread’s compliance with legal and regulatory standards.
That assurance, Grupo Bimbo now claims, was far from accurate.
Two years after the purchase – in January 2016 – Canada’s Competition Bureau launched an investigation into a bread price-fixing scheme involving multiple players, including retail giants Loblaw and Weston Foods – both subsidiaries of George Weston Ltd at the time – and Canada Bread. Spanning from late 2001 to March 2015, the investigation prompted class action lawsuits against Canada Bread, culminating in a CAD $50m settlement in June 2023 while under Grupo Bimbo’s ownership. However, Bimbo argues it had no idea about the price-fixing allegations at the time of the acquisition of Canada Bread and only learned of the alleged misconduct in October 2017.
“The plaintiff, Grupo Bimbo SAB de CV, is seeking over C$2 billion in damages as a result of fraudulent and negligent misrepresentations made by the defendants to Grupo Bimbo in the course of Grupo Bimbo’s acquisition of Canada Bread,” Bimbo’s filing says.
“In reliance on these misrepresentations, Grupo Bimbo has suffered losses related to, among other things, the price it paid to acquire Canada Bread, investments it made into Canada Bread and expenses related to an investigation by the Competition Bureau into Canada Bread.
“The substantial acquisition price Grupo Bimbo paid for Canada Bread was predicated on Maple Leaf’s representations to Grupo Bimbo that Canada Bread operated in material compliance with all applicable laws and had publicly disclosed all material facts relating to its business, operations and financial results in accordance with applicable laws.
“These representations were false.”
Maple Leaf hits back
Unsurprisingly, Maple Leaf has vowed to defend itself vigorously, setting the stage for what promises to be a long and complex legal battle.
Executive chair Michael McCain – who is personally named in Grupo Bimbo’s lawsuit – has strongly rejected the claims, describing the legal action as ‘an abuse of judicial process’ and asserting that it is ‘completely without merit’.
“The Mexican company, Bimbo, is distracting attention from its own mismanagement of a Canadian business by asserting ridiculous claims which are not even consistent with its own prior admissions,” he said in a statement.
“To say we will defend against this frivolous action vigorously would be a colossal understatement. Maple Leaf Foods and its officers acted appropriately at all times, including with respect to making full, plain and true disclosure to Grupo Bimbo at the time of its acquisition of Canada Bread.”
The stakes are sky-high for all parties. Bimbo is seeking to claw back damages it claims stem from misrepresentation, while Maple Leaf fights to protect its reputation and its bottom line. One thing’s for sure – this fight isn’t cooling off anytime soon.
Bimbo’s lawsuit marks the latest salvo in an intensifying legal battle. Just days earlier, on 21 November, Maple Leaf Foods filed a countersuit against Canada Bread and Grupo Bimbo, alleging that both had made false and defamatory claims about Maple Leaf’s role in the bread price-fixing conspiracy.
This countersuit followed a September filing by Canada Bread, which accused Maple Leaf of using the company as a “shield” to deflect liability during the price-fixing investigation. Grupo Bimbo remains firm in its stance, emphasising its commitment to holding all responsible parties accountable for the damages incurred.
