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Judge dismisses Subway’s $210M lawsuit against CBC over chicken sandwich exposé

Marketplace reported some of chain's poultry products only 50% chicken DNA.


November 27, 2019
By CBC News

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The Ontario Superior Court has thrown out a $210-million defamation lawsuit launched by Subway against CBC, which had reported the sandwich chain may have been selling some poultry products that were only 50 per cent chicken DNA.

The Marketplace investigation met the “‘public interest’ test,” was an example of investigative journalism, and therefore is protected under Section 137.1(3) of the Ontario Courts of Justice Act, Justice E.M. Morgan said in his ruling.

The so-called anti-SLAPP (for “strategic lawsuits against public participation”) provision allows a defendant to ask the court to dismiss a lawsuit if they can show it was initiated to shield the plaintiff from criticism and stymie free speech on a matter of public interest.

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