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Good afternoon.
Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario.
In Darmar Farms Inc. v Syngenta Canada Inc., the Court reinstated a claim for negligence in the premature commercialization of a genetically modified corn product that resulted in the ban of all North American corn in China. This flooded the North American market and reduced the sale price. The Court found that the motion judge should not have struck the claim as disclosing no reasonable cause of action. This was a novel claim and the full proximity analysis, known as the Anns/Cooper test, had not been performed. The Court revived the claim, to allow it to proceed to trial.Continue Reading COURT OF APPEAL SUMMARIES (SEPTEMBER 30 – OCTOBER 4 2019)

