The Supreme Court of Canada won鈥檛 hear a bid by the CBC to halt a defamation lawsuit from Subway over a report on the fast-food chain鈥檚 chicken sandwiches.
The decision clears the way for the suit to proceed in Ontario court.
In January, the Ontario Court of Appeal set aside a judge鈥檚 decision to dismiss Subway鈥檚 suit without a hearing on its merits, saying the untested claim was far from frivolous and deserved a thorough airing.
The CBC television show 鈥淢arketplace鈥� said in 2017 that about half the DNA in Subway chicken was in fact chicken and the other half soy, based on testing done at Ontario鈥檚 Trent University.
A Subway expert on DNA methods and food testing said the tests were seriously flawed and their results inaccurate, maintaining the company鈥檚 own tests found no more than one per cent soy.
In a related decision, the Supreme Court also declined to hear Subway鈥檚 challenge of a parallel appeal court ruling that prevented the chain鈥檚 negligence claim against Trent from proceeding.
The Canadian Press
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