The defendants brought a motion for partial summary judgment seeking dismissal or striking of allegations concerning manipulation of egg grading data and conspiracy in the Ontario egg industry.
The plaintiffs alleged the defendants deliberately altered grading machine settings to include cracked or dirty eggs in Grade A packages and conspired with other industry participants to harm the plaintiffs’ business and restrict competition.
The defendants argued the plaintiffs had produced no admissible evidence and had failed to put their best foot forward.
The court held that the case involved complex factual disputes, credibility issues, expert evidence concerning egg grading technology, and significant outstanding documentary production including large volumes of electronic records.
Applying the Rule 20 summary judgment framework and the “full appreciation” test, the court concluded the motion was premature and that the issues required the full machinery of a trial.
