The restaurant chain Subway will finally be able to go ahead with a $ 210 million defamation lawsuit against the CBC channel, the Ontario Court of Appeal ruled in a judgment rendered on Monday.
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Scared by a report from the show “Marketplace” broadcast in February 2017 which claimed, with supporting evidence, that the chicken served in the chain’s restaurants contained only 50% chicken, Subway had initiated legal measures. However, the Superior Court of Ontario had dismissed the lawsuit of $ 210 million in November 2019, arguing that the report served the public interest.
The overturning of this decision by the Court of Appeal will allow Subway to resume its proceedings in court.
To carry out its report, the team of “Marketplace” had called upon a laboratory at Trent University, in Ontario, which had analyzed the composition of the chicken of Subway and concluded that this one contained a significant part of soy protein. . This conclusion caused a stir at the time and attracted the attention of many international media.
Subway, for its part, assures that its chicken is indeed made up of chicken, with less than 1% soy protein.
The fast food giant estimates, according to court documents, it lost the equivalent of $ 52.3 million in sales in the United States and $ 1.5 million in Canada due to the report, in addition to having had to spend about $ 500,000 in communications to try to put things right.
Subway is therefore claiming $ 210 million from the crown corporation for damage to its reputation, loss of sales and damage to its brand image.
Meanwhile, the company is also trying to sue Trent University, but is still uncertain whether its case can go ahead, Monday’s judgment only giving the green light to the lawsuit against CBC.