Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
37593
Apotex Inc. v. Her Majesty the Queen
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-12-18 | Close file on Leave | |
| 2017-12-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-12-15 | Judgment on leave sent to the parties | |
| 2017-12-14 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-554-14, 2017 FCA 73, dated April 6, 2017, dismissed with costs. Dismissed, with costs |
|
| 2017-11-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-08-14 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-08-14 | Apotex Inc. |
| 2017-08-04 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2017-08-04 | Notice of name | Her Majesty the Queen |
| 2017-08-04 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-08-04 | Her Majesty the Queen |
| 2017-06-06 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2017-06-06 | |
| 2017-06-05 | Certificate (on limitations to public access) | Apotex Inc. |
| 2017-06-05 | Notice of name | Apotex Inc. |
| 2017-06-05 | Application for leave to appeal, (Book Form), Completed on: 2017-06-05 | Apotex Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Apotex Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Apotex Inc.
Counsel
3400 - 333 Bay Street
Toronto, Ontario
M5H 2S7
Telephone: (416) 979-2211
FAX: (416) 979-1234
Email: hradomski@goodmans.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8311
FAX: (613) 788-3667
Email: christopher.rootham@nelligan.ca
Party: Her Majesty the Queen
Counsel
Julie De Marco
130 King Street West
Suite 3400, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 954-8111
FAX: (416) 573-5004
Email: gina.scarcella@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
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
Federal Court
T-1930-98, 2014 FC 1087
Minister liable for damages on basis of misfeasance in public office and negligence; Damages to be calculated on basis Apotex failed to mitigate its damages
Federal Court of Appeal
A-554-14, 2017 FCA 73
Appeal allowed in part; Cross-appeal dismissed; Damages to be calculated on basis Apotex not required to mitigate its damages
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available