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Monday, July 19, 2010

Canadian Government responds to allegations in BSE class action claim

In the ongoing BSE class action against the Federal Government in Ontario, the Government has recently filed a document saying the following about cattle farmers' "duty to mitigate":
The plaintiff and class members had a duty to take reasonable steps to mitigate their losses as a result of the international embargo on Canadian beef and cattle.  The plaintiff and class members failed to do so by, among other things buying additional cattle or otherwise expanding their operations, not taking advantage of government compensation programs or otherwise not taking steps to minimize their losses in the context of their farming businesses.
Plaintiffs who allege they are suffering, have suffered or will suffer damages are obligated to "mitigate" their damages by taking reasonable steps to avoid the damages.  In practical terms, a plaintiff who is successful in an action will recover whatever damages are awarded by the Court less the amount of damages that should reasonably have been mitigated. 

Read the full document at: Particulars of the Statement of Defence.

Other documents and news about the class action are available at: http://www.bseclassaction.ca/.