Tainted Meat And The Duty Of Care

On April 30, 2018, the Ontario Court of Appeal released its decision in 1688782 Ontario Inc. v. Maple Leaf Foods Inc. and Maple Leaf Consumer Foods Inc., 2018 ONCA 407 ("Maple Leaf Foods Inc."). This case highlights the importance of properly defining and identifying the scope of any duty of care arising from a relationship between commercial parties.

Background/Facts

In August 2008, certain Maple Leaf brand ready-to-eat ("RTE") meats became contaminated with listeria monocytogenes at dangerous levels. Some people fell seriously ill and even died as a result. Naturally, media attention followed and it was reported that RTE meats as supplied by Maple Leaf were being sold by certain food sellers, including McDonalds and Mr. Sub.