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Supreme Court clears path for defamation suit against CBC for show on Subway chicken content

Decision clears the way for the suit to proceed in Ontario court
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In this Friday, Feb. 23, 2018 file photo, the Subway logo is seen on a soft drink cup next to a sandwich at a restaurant in Londonderry, N.H.. THE CANADIAN PRESS/AP -Charles Krupa

The Supreme Court of Canada wonBԪַt hear a bid by the CBC to halt a defamation lawsuit from Subway over a report on the fast-food chainBԪַs chicken sandwiches.

The decision clears the way for the suit to proceed in Ontario court.

In January, the Ontario Court of Appeal set aside a judgeBԪַs decision to dismiss SubwayBԪַs suit without a hearing on its merits, saying the untested claim was far from frivolous and deserved a thorough airing.

The CBC television show BԪַMarketplaceBԪַ said in 2017 that about half the DNA in Subway chicken was in fact chicken and the other half soy, based on testing done at OntarioBԪַs Trent University.

A Subway expert on DNA methods and food testing said the tests were seriously flawed and their results inaccurate, maintaining the companyBԪַs own tests found no more than one per cent soy.

In a related decision, the Supreme Court also declined to hear SubwayBԪַs challenge of a parallel appeal court ruling that prevented the chainBԪַs negligence claim against Trent from proceeding.

The Canadian Press

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