Rachel Ann McMillan

This appeal arose from the dismissal of a class proceeding claiming damages against the Crown for negligence related to the presence of Bovine Spongiform Encephalopathy (BSE) in Canada between 2003 and 2008.

The trial judge dismissed the claim, finding it barred by section 9 of the Crown Liability and Proceedings Act, and also that no duty of care was owed and no negligence occurred.

The Court of Appeal upheld the dismissal, focusing solely on the application of section 9.

It found that various government programs providing financial assistance to cattle farmers in response to the BSE outbreak constituted "compensation" under section 9, thereby barring the negligence claim as it sought double recovery for the same factual basis of loss.

The plaintiff brought a motion seeking a Mareva injunction against May Anis and BNP Advisors Inc., a finding of contempt against May Anis, and a variation of an order to make May Anis and BNP Advisors Inc. solely responsible for the Receiver's fees.

The motion arose from a shareholder and employment dispute where May Anis repeatedly produced forged bank records, lied under oath, and provided false information to the court and an investigative receiver.

The court granted the Mareva injunction, found May Anis in contempt due to her egregious and repetitive dishonest conduct, and ordered her and BNP Advisors Inc. to bear all Receiver's fees.

The plaintiff was awarded costs of the motion.

During a common issues trial concerning the impact of Bovine Spongiform Encephalopathy (BSE) on Canadian farmers, the plaintiff sought to admit the affidavit and cross-examination transcript of a deceased witness, Mr. Mel McCrea.

The defendant, the Attorney General of Canada, objected on the basis of necessity, arguing that other witnesses could provide similar information.

The court applied the principled exception to the hearsay rule, finding that Mr. McCrea's evidence met both the necessity and reliability thresholds.

The court emphasized the unique nature of Mr. McCrea's first-hand account regarding the first Canadian-born BSE-diagnosed cow and the prior cross-examination, ruling the evidence admissible.

This ruling addresses the admissibility of the plaintiff's expert reports as evidence-in-chief in a complex common issues trial concerning the Bovine Spongiform Encephalopathy (BSE) outbreak.

The defendant objected to the hybrid trial process, arguing that expert evidence should be presented viva voce rather than through reports.

The court dismissed the defendant's objection, affirming the trial judge's discretion to admit expert reports as direct evidence in non-jury hybrid trials, consistent with prior case management orders.

The decision emphasized that this approach enhances trial efficiency and does not prejudice the opposing party's right to cross-examination.

This ruling addresses a hearsay objection raised by the defendant during a common issues trial concerning the 2003 Bovine Spongiform Encephalopathy (BSE) outbreak.

The defendant sought to strike out several paragraphs from the affidavit of Lawrence Sears, the plaintiff's principal, arguing they contained inadmissible hearsay.

The court dismissed the objection, finding that the statements in the affidavit were based on Mr. Sears' personal knowledge, experience, and observations, and thus were not hearsay.

The judge emphasized that the evidence could be tested through cross-examination.