The plaintiff abattoir sued the provincial government for negligence, trespass, and conversion arising from the 19-month suspension of its licence and detention of meat products following an investigation into the processing of uninspected and dead animals.
The court dismissed the action, finding that the provincial regulator did not owe a private law duty of care to the plaintiff, as its statutory mandate was to protect public health.
Even if a duty existed, the regulator did not breach the standard of care given the extraordinary circumstances of concurrent criminal investigations, nor did its actions cause the plaintiff's business losses.