What is the test for determining whether a person is able to produce a product that contains a specific type of material which is not suitable for human consumption?

The learned chambers judge in his judgment made reference to the leading case in this area which is often referred to these matters: Miracle Feeds v. D. & H. Enterprises Limited and Giesbrecht, [1979] B.C.J. No. 1965, which sets out the tests.

Counsel both refer me in that respect to the decision in Miracle Feeds v. D. & H. Enterprises, [1979] B.C.J. No. 1965. There are four tests referred to there: 1. That the defendant did not wilfully or deliberately fail to enter an appearance or file a defence to the plaintiff’s claim; 2. That the defendant made an application to set aside the default judgment as soon as reasonably possible after obtaining knowledge, or give an explanation for the delay in bringing the application; 3. That there is a meritorious defence or at least a defence worthy of investigation; 4. That these requirements will be established to the satisfaction of the court through affidavit material filed by or on behalf of the defendant.