The appellant bean sprout producer sued a public health inspector for negligence and defamation following a salmonella outbreak investigation that led to a product recall.
The motion judge granted summary judgment dismissing the claim, finding the inspector was protected by statutory immunity under s. 95(1) of the Health Protection and Promotion Act and there was no evidence of bad faith.
The Court of Appeal dismissed the appeal, agreeing that the appellant failed to provide any evidence of bad faith, recklessness, or gross negligence to displace the statutory immunity.
