Subway launched the defamation lawsuit in April 2017, claiming a story by CBC's Marketplace caused it to suffer significant sales losses.
As part of its investigation, Marketplace had sent samples of chicken from five major fast-food restaurants to a lab for DNA analysis. The results suggested that some of Subway's chicken products may have comprised slightly more or slightly less than half chicken.
Subway disputed Marketplace's findings publicly after the story aired on television and radio Feb. 24, 2017, and was posted online.
It later filed a defamation lawsuit — which also named as defendants the reporter and two producers who worked on the program — claiming that CBC acted "recklessly and maliciously" in airing the Marketplace report and that the tests conducted on the chicken "lacked scientific rigour."