Summary

Keywords

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.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower Court Rulings