Apotex Inc. v. Canada
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2017 FCA 73 |
| Date | 06 April 2017 |
| Subject Matter | PRACTICE,TORTS |
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16 practice notes
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Paradis Honey Ltd. v. Canada (Agriculture and Agri-Food)
...outside the relationship of the parties that may negate the imposition of a duty of care (Cooper at para 30; Apotex Inc v Canada, 2017 FCA 73 at para 101 [Apotex]). [244] As will be discussed below, the Supreme Court of Canada in Marchi also addressed the rationale for core policy immunity,......
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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
...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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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
...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
...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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10 firm's commentaries
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(Intellectual Property Weekly Abstracts Bulletin (Week Of June 12, 2017)
...(Federal Court) (Civil) (By Leave) (SCC Docket#37593) An application for leave to appeal has been filed by Apotex. This is an appeal from 2017 FCA 73 ( our summary here), which is an appeal from 2014 FC 1087 ( our summary Federal Court Updates The Government of Canada has released a Notice ......
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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 Facts This ......
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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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Rx IP Update - June 2017
...the parties’ appeals relating to Apotex’s 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. Health Canada News Health Canada releases Good Label and Packa......
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