The plaintiff, a commercial cattle farmer, brought a proposed class action against a cattle feed manufacturer and the federal government for economic losses resulting from the closure of foreign borders due to a case of mad cow disease (BSE).
The defendants moved to strike the claims for disclosing no reasonable cause of action.
The Court of Appeal upheld the motion judge's decision, finding it was not plain and obvious that the negligent manufacture claim against the feed manufacturer or the negligent regulation claim against the government would fail.
However, the court agreed it was plain and obvious that the manufacturer owed no duty to warn farmers who did not purchase its feed.
All three appeals were dismissed.
