Miriam Flynn

The appellant appealed an order of the motions judge.

The Court of Appeal agreed with the analysis and disposition of the motions judge.

The appeal was dismissed with costs awarded to the respondents in the amount of $5,000.

The plaintiff egg producer sued the Canadian Food Inspection Agency (CFIA) and Health Canada for negligent investigation after its flock was suspected of salmonella contamination, leading the plaintiff to destroy the flock before final negative test results were received.

The motion judge found that the agencies owed a duty of care to the plaintiff.

On appeal, the Court of Appeal held that neither agency owed a private duty of care to the plaintiff.

The relationship lacked sufficient proximity, and the Health of Animals Act demonstrated a legislative intent to exclude a private law duty through its statutory compensation scheme and immunity clause.

The original representative plaintiff in a class action regarding temporomandibular joint implants sought to withdraw and substitute two new representative plaintiffs.

The defendant appealed the motion judge's order allowing the substitution, arguing it prejudiced them by expanding the class and extending the limitation period.

The Court of Appeal dismissed the appeal, holding that under s. 28(1) of the Class Proceedings Act, the limitation period is suspended for all class members upon the commencement of the action, not upon certification.

Furthermore, the substituted plaintiffs were already members of the putative class, so the class was not improperly expanded.