CANADA BSE Flying E Ranche Ltd. v. Attorney General of Canada, 2022 ONSC 601
Part XIV - Conclusion
My responses to the Common Issues are as follows:
1. Does section 9 of the Crown Liability and Proceedings Act bar the class members' claim against the government of Canada?
Answer: Yes.
2. Were the defendants negligent and if so, when and how?
Answer: No.
3. Can the amount of compensatory damages, if any, be reasonably determined on an individual basis? If so, how should individual damages be determined?
Answer: As requested, I have not addressed this question.
4. If the answer to question 3 is no, can the amount of compensatory damages, if any, be determined on an aggregate basis? If so, what is the amount of damages and how should they be distributed?
Answer: Had I answered questions 1 and 2 differently, I would have awarded $1.163 billion as compensatory damages to the Class. I have not addressed how damages should be distributed.
It follows that the action is dismissed. Should the parties be unable to agree on costs within 45 days of the release of these Reasons, they may contact my assistant to arrange an appointment to address the procedure for their determination.
Date: 28 January 2022
https://static.albertafarmexpress.c...easons-for-Judgment-PBS-FINAL-2022-Jan-28.pdf
TUESDAY, DECEMBER 21, 2021
OIE-WAHIS CANADA atypical BSE type H Bovine spongiform encephalopathy
https://animalhealthreportpriontse.blogspot.com/2021/12/oie-wahis-canada-atypical-bse-type-h.html
SATURDAY, DECEMBER 18, 2021
CFIA Canada Alberta Laboratory detection of atypical bovine spongiform encephalopathy
https://bovineprp.blogspot.com/2021/12/cfia-canada-alberta-laboratory.html
FRIDAY, DECEMBER 24, 2021
Creutzfeldt Jakob Disease CJD TSE Prion Update December 25, 2021
https://creutzfeldt-jakob-disease.blogspot.com/2021/12/creutzfeldt-jakob-disease-cjd-tse-prion.html
terry
Part XIV - Conclusion
My responses to the Common Issues are as follows:
1. Does section 9 of the Crown Liability and Proceedings Act bar the class members' claim against the government of Canada?
Answer: Yes.
2. Were the defendants negligent and if so, when and how?
Answer: No.
3. Can the amount of compensatory damages, if any, be reasonably determined on an individual basis? If so, how should individual damages be determined?
Answer: As requested, I have not addressed this question.
4. If the answer to question 3 is no, can the amount of compensatory damages, if any, be determined on an aggregate basis? If so, what is the amount of damages and how should they be distributed?
Answer: Had I answered questions 1 and 2 differently, I would have awarded $1.163 billion as compensatory damages to the Class. I have not addressed how damages should be distributed.
It follows that the action is dismissed. Should the parties be unable to agree on costs within 45 days of the release of these Reasons, they may contact my assistant to arrange an appointment to address the procedure for their determination.
Date: 28 January 2022
https://static.albertafarmexpress.c...easons-for-Judgment-PBS-FINAL-2022-Jan-28.pdf
TUESDAY, DECEMBER 21, 2021
OIE-WAHIS CANADA atypical BSE type H Bovine spongiform encephalopathy
https://animalhealthreportpriontse.blogspot.com/2021/12/oie-wahis-canada-atypical-bse-type-h.html
SATURDAY, DECEMBER 18, 2021
CFIA Canada Alberta Laboratory detection of atypical bovine spongiform encephalopathy
https://bovineprp.blogspot.com/2021/12/cfia-canada-alberta-laboratory.html
FRIDAY, DECEMBER 24, 2021
Creutzfeldt Jakob Disease CJD TSE Prion Update December 25, 2021
https://creutzfeldt-jakob-disease.blogspot.com/2021/12/creutzfeldt-jakob-disease-cjd-tse-prion.html
terry