Delora Deravi

The appellant onion growers suffered significant crop losses due to onion maggots and sued the manufacturer and seller of the insecticide Dyfonate for breach of warranty and negligence.

The trial judge dismissed the action, finding that the crop failure was caused by unusually cool and dry environmental conditions that delayed the emergence of the maggots, rather than a defect in the insecticide.

The Court of Appeal upheld the trial judge's factual findings and concluded that the respondents provided no express or implied warranties regarding the insecticide's effectiveness under those unusual conditions, nor were they negligent.

Three separate appeals were brought challenging a motions judge's order regarding claims related to defective breast implants.

OHIP appealed the striking of its subrogated claim, which the court dismissed, finding the claim was fully satisfied by the Dow Settlement Agreement.

The Attorney General and Dow appealed the dismissal of their motions to strike the plaintiffs' action for regulatory negligence, arguing the settlement agreements barred the claims and constituted an abuse of process.

The Court of Appeal dismissed all appeals, holding that the plaintiffs' several liability claims against the government regulator were different in nature and kind from the settled claims and were not barred by the prior agreements.