Subway contingency compensate CBC $500K for unsuccessful insult lawsuit over chicken

Sandwich sequence Subway has been systematic to compensate a CBC $500,000 in authorised costs following a unsuccessful bid to sue a open broadcaster for defamation.

In his decision, Ontario Superior Court Justice Ed Morgan attributed most of a length and complexity of a authorised conflict to a ensue taken by a fast-food chain.

Subway had sued a CBC for insult over a Marketplace report in Feb 2017 that focused on a volume of duck in a duck sandwiches. The world’s largest fast-food user sought $210 million in damages.

The CBC succeeded in Nov in carrying Morgan boot a movement pre-trial underneath supposed anti-SLAPP legislation, that aims to strengthen giveaway debate on matters of open interest. The company, Morgan noted, went all out in fighting a CBC’s exclusion motion.

“Its materials were overwhelmingly directed during a emanate of law in a news repository object that was a theme of a fit — an emanate that goes to a heart of a merits of Subway’s insult claim, though is usually applicable in a teenager ensue to a SLAPP criteria,” Morgan said. “The fit incited into a large endeavour to that CBC, as relocating party, was compelled to reply.”

Both Subway’s ensue and a CBC’s response compulsory a “Herculean lawyering effort” ensuing in a “monument to high-end authorised work” in formidable litigation, Morgan said. However, a outcome was one of fluctuating and complicating what was dictated to be a comparatively discerning procedure, a decider said.

The result, Morgan said, was that CBC racked adult a sum of $800,000 in authorised costs that simulate a “large-scale undertaking” a anti-SLAPP fit became.

Morgan motionless to turn down CBC’s cost ask given a distance of a ask compared with other anti-SLAPP motions, though pronounced there was no other reason to deviating from a expectancy that a successful celebration was entitled to full costs.

In further to grouping Subway to compensate CBC $500,000 for authorised costs, a grill association will also have to compensate a broadcaster another $178,000 in fees and disbursements.

Morgan’s Nov visualisation did concede Subway’s loosening fit opposite Trent University, that did laboratory work for a Marketplace segment, to proceed. He systematic a propagandize to compensate Subway $220,000 in costs.

Article source: https://www.cbc.ca/news/business/subway-defamation-chicken-1.5480512?cmp=rss