CBC asks Ontario justice to chuck out $210M Subway lawsuit

The CBC has filed a motion asking an Ontario justice to toss out a $210-million lawsuit launched by Subway opposite a news network, which reported that a sandwich chain may have been offered some duck products that were usually about 50 per cent chicken.

The broadcaster is seeking to boot a case under Ontario’s supposed anti-SLAPP (strategic lawsuits opposite open participation) law. The legislation allows a defendant to ask a court to boot a lawsuit if they can uncover it was initiated to defense a plaintiff from critique and stymie giveaway debate on a matter of open interest.

“The open seductiveness in safeguarding a CBC defendants’ leisure of countenance distant outweighs advantages of permitting Subway to ensue with this lawsuit,” reads a notice of motion, filed May 31 in Ontario Superior Court.

The suit to boot is scheduled to be listened in justice on Sept. 24.

Subway launched a insult lawsuit in Apr 2017, claiming a story by CBC’s Marketplace caused it to humour poignant sales losses.

As partial of a investigation, Marketplace had sent samples of duck from 5 vital fast-food restaurants to a lab for DNA analysis. The formula suggested that some of Subway’s duck products might have comprised somewhat some-more or somewhat reduction than half chicken. 

Testing process ‘lacked rigour’: Subway

Subway doubtful Marketplace’s findings publicly after a story aired on radio and radio Feb. 24, 2017, and was posted online. 

It after filed a insult lawsuit — which also named as defendants a contributor and dual producers who worked on a module — claiming that CBC acted “recklessly and maliciously” in airing the Marketplace report and that the tests conducted on a duck “lacked systematic rigour.”

None of a allegations done by Subway has been proven in court.

The subsequent month, CBC filed a matter of defence, station by a story and observant Marketplace gave Subway copiousness of event to rebut a commentary of its investigation before it aired.

Subway also “provided no eccentric systematic justification that would criticise or rebut a formula of a tests,” a CBC claimed in justice documents.

The CBC is now perplexing to have a lawsuit dismissed underneath Section 137.1 of a Court Justice Act, a purpose of which, in part, is to  “discourage a use of lawsuit as a means of unduly tying countenance on matters of open interest.”

In the motion to boot documents, a CBC claims the Marketplace investigation took 8 months to conduct and that this form of inquisitive broadcasting “should be promoted and protected.”

The papers also say Subway has used authorised movement to “attack a credit of CBC.

“Despite being some-more than dual years into a litigation, Subway “still has no means to brawl a exam results,” a CBC’s justice papers state.

Subway pronounced it does not criticism on ongoing litigation.

Article source: https://www.cbc.ca/news/business/subway-lawsuit-chicken-marketplace-1.5160181?cmp=rss