October 16, 2019
Litigation partner Andrew Bernstein and 640 Toronto discussed the appeal of the class action lawsuit by Mr. Sub franchisees seeking compensation from Maple Leaf Foods.
In the interview, the following legal question relevant to the class action is posed: will the person responsible for negligence also be responsible for repaying lost profits?
Andrew elaborates: “What the Supreme Court is going to be asked to decide is exactly how much liability a company like Maple Leaf incurs when it has a problem like the tainted meat problem.”
Andrew confirms that Mr. Sub’s franchisees were repaid for the tainted meat and the cleanup costs to ensure the stores were free from any resulting contamination, but the franchisees are taking a step further in recovering their financial loss.
“What the franchisees are saying is, you know what, people associated this meat with us…and as a result, we should be paid for the loss of business that we incurred”.
Andrew also spoke with The Globe and Mail on the legal nuances around the Mr. Sub class action here.