Apotex Inc. v. Canada, 2017 FCA 73
| Court | Federal Court of Appeal (Canada) |
| Case Date | April 06, 2017 |
| Jurisdiction | Canada (Federal) |
| Citations | 2017 FCA 73 |
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16 practice notes
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Slater v Pedigree Poultry Ltd.,
...is not a defence to the plaintiffs’ claims. Just as public officers were found liable in Nilsson CA [ 2002 ABCA 283 ] and Apotex [2017 FCA 73] despite having the public interest in mind, it is no defence that the defendants claim they had a reasonable suspicion [Ronald Dubois’......
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PEDIGREE POULTRY LTD. v. SASKATCHEWAN BROILER HATCHING EGG PRODUCERS’ MARKETING BOARD, 2020 SKQB 100
...on unlawful conduct in the exercise of public functions generally” (Odhavji, para 17). That principle is illustrated by R v Apotex Inc., 2017 FCA 73, 146 CPR (4th) 93 [Apotex]. [171] What, then, are the elements of the tort? Misfeasance in public office is “an intentional tort whose disting......
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Apotex Inc. v. Eli Lilly and Company,
...In this regard, it is recalled that the burden to establish the failure to mitigate falls on the defendant (Apotex) (Apotex v. Canada, 2017 FCA 73, 146 C.P.R. (4 th) 93 at para. 153). First, the mitigation issue was not properly raised before the Federal Court Judge at the redetermination ......
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Gregory v. Canada, 2022 FC 342
...9255-2504 Québec Inc. v Canada, 2020 FC 161 at para 148; Paradis Honey Ltd. v Canada, 2015 FCA 89 at para 142; Apotex Inc. v Canada, 2017 FCA 73 at para 95). Mr. Gregory has not explained how his case would justify departing from this established legal principle. [41] In addition, Mr. ......
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5 cases
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Slater v Pedigree Poultry Ltd.,
...is not a defence to the plaintiffs’ claims. Just as public officers were found liable in Nilsson CA [ 2002 ABCA 283 ] and Apotex [2017 FCA 73] despite having the public interest in mind, it is no defence that the defendants claim they had a reasonable suspicion [Ronald Dubois’......
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PEDIGREE POULTRY LTD. v. SASKATCHEWAN BROILER HATCHING EGG PRODUCERS’ MARKETING BOARD, 2020 SKQB 100
...on unlawful conduct in the exercise of public functions generally” (Odhavji, para 17). That principle is illustrated by R v Apotex Inc., 2017 FCA 73, 146 CPR (4th) 93 [Apotex]. [171] What, then, are the elements of the tort? Misfeasance in public office is “an intentional tort whose disting......
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Apotex Inc. v. Eli Lilly and Company,
...In this regard, it is recalled that the burden to establish the failure to mitigate falls on the defendant (Apotex) (Apotex v. Canada, 2017 FCA 73, 146 C.P.R. (4 th) 93 at para. 153). First, the mitigation issue was not properly raised before the Federal Court Judge at the redetermination ......
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Gregory v. Canada, 2022 FC 342
...9255-2504 Québec Inc. v Canada, 2020 FC 161 at para 148; Paradis Honey Ltd. v Canada, 2015 FCA 89 at para 142; Apotex Inc. v Canada, 2017 FCA 73 at para 95). Mr. Gregory has not explained how his case would justify departing from this established legal principle. [41] In addition, Mr. ......
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11 firm's commentaries
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Federal Court Of Appeal Finds That Apotex Did Not Fail To Mitigate Its Damages In Relation To Apo-Trazadone Drug Submission
...Canada's misfeasance in public office and negligence in its processing of Apotex's drug submission for Apo-Trazodone: Apotex Inc v Canada, 2017 FCA 73, varying 2014 FC 1087 (previously reported here). Apotex's appeal, and Health Canada's appeal and cross appeal, were otherwise This appeal......
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Federal Court of Appeal finds that Apotex did not fail to mitigate its damages in relation to Apo-Trazadone drug submission
...in its processing of Apotex’s drug submission for Apo-Trazodone: Apotex Inc v Canada, 2017 FCA 73 , varying 2014 FC 1087 (previously reported here ). Apotex’s appeal, and Health Canada’s appeal and cross appeal, were otherwise Facts This appeal arises from a lengthy dispute between Apot......
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Rx IP Update - May 2017
...in its processing of Apotex’s drug submission for Apo-Trazodone: Apotex Inc v Canada, 2017 FCA 73 , varying 2014 FC 1087 (previously reported here). Apotex’s appeal, and Health Canada’s appeal and cross appeal, were otherwise Read more » Bill C-30 receives Royal Assent As previously re......
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Rx IP Update - June 2017
...claims in negligence, misfeasance in a public office, and contract: Apotex Inc v Canada, 2017 FCA 73. On June 5, 2017, Apotex applied to the Supreme Court for leave to appeal (docket no. Guidefont-size: 12px; margin-bottom: 10px;"> As previously reported, in 2016 the Federal Court of Appeal......
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