An Ontario Court of Appeal has ruled that an egg company cannot be brought to court in an egg grading case, but that decision is now being appealed to the Supreme Court of Canada.
Best Choice Eggs (a division of Sweda Farms, of Blackstock and owned by Svante Lind) launched a $15-million lawsuit in 2009 against Burnbrae Farms, of Brockville, L.H. Gray & Son Ltd., of Strathroy, and the Egg Farmers of Ontario. Last February, Burnbrae was removed from the case.
Best Choice lawyer Don Good appealed that decision to remove Burnbrae, arguing that Burnbrae Farms, and L.H. Gray, the two largest egg companies, are out to destroy competitors and inflate profits, and the defendants put consumers at risk by placing cracked and dirty eggs in cartons for sale to consumers. None of the allegations have been tested in court.
The Appeal Court ruled in favour of Burnbrae, saying Good was late in asking for additional documents from Burnbrae. Good will now appeal to the Supreme Court of Canada.