Apotex Inc. v. Her Majesty the Queen
(Federal) (Civil) (By Leave)
Torts - Duty of care, Negligence - Torts – Duty of care – Negligence – Misfeasance in public office – Minister of Health failing to abide by terms of settlement agreement reached with generic drug manufacturer regarding use of foreign reference product – Issuance of Notice of Compliance to generic manufacturer delayed – What is appropriate approach for determining whether a regulator and regulated party are in proximate relationship to support duty of care in negligence – Whether regulator owes a duty of care to regulated party at least to extent of making rational, evidence-based decisions following proper legislative criteria.
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