Apotex Inc. v. Nordion (Canada) Inc.
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | Strathy,Benotto,Roberts |
| Citation | 2019 ONCA 23 |
| Date | 16 January 2019 |
| Docket Number | C64891 |
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25 practice notes
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Cooperatieve Centrale Raiffeisen-Boerenleenbank BA v Stout & Company LLP
...v ENMAX Energy Corporation, 2018 ABCA 147 at para 67; Baker v Poucette, 2017 ABCA 344 at para 12; Apotex Inc. v Nordion (Canada) Inc., 2019 ONCA 23 at para [20] The test for causation is a question of law reviewed for correctness. Absent an extricable error of law, the question of whether c......
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Court Of Appeal Summaries (May 25-28, 2021)
...Act, 2002, S.O. 2002, c. 24, Sch. B, ss. 4 and 5, Longo v. MacLaren Art Centre, 2014 ONCA 526, Apotex Inc. v. Nordion (Canada) Inc., 2019 ONCA 23, July v. Neal (1986), 32 D.L.R. (4th) 463 (Ont. C.A.), Markel Insurance Company of Canada v. ING Insurance Company of Canada, 2012 ONCA 218, Schm......
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COURT OF APPEAL SUMMARIES (MAY 25 – MAY 29)
...Kaiman v. Graham, 2009 ONCA 77, Ontario Energy Savings L.P. v. 767269 Ontario Ltd., 2008 ONCA 350, Apotex Inc. v. Nordion (Canada) Inc., 2019 ONCA 23, McConnell v. Huxtable, 2014 ONCA 86, Shewchuk v. Blackmont Capital Inc., 2016 ONCA 912 Pilaszek v. SCIV Inc., 2026 ONCA 376 Keywords: Contra......
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Ontario Court Of Appeal Summaries (January 14 18, 2019)
...CLA trust claims will generally not succeed when challenged by secured creditors in BIA proceedings. In Apotex Inc v Nordion (Canada) Inc, 2019 ONCA 23 the Court of Appeal upheld a finding of breach of contract and negligence in respect of a contract for the provision of clinical research s......
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18 cases
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Cooperatieve Centrale Raiffeisen-Boerenleenbank BA v Stout & Company LLP
...v ENMAX Energy Corporation, 2018 ABCA 147 at para 67; Baker v Poucette, 2017 ABCA 344 at para 12; Apotex Inc. v Nordion (Canada) Inc., 2019 ONCA 23 at para [20] The test for causation is a question of law reviewed for correctness. Absent an extricable error of law, the question of whether c......
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SS&C Technologies Canada Corp. v. The Bank of New York Mellon Corporation
...a subjective test, while determining the reasonable person’s knowledge is a modified objective test: Apotex Inc. v. Nordion (Canada) Inc., 2019 ONCA 23, 431 D.L.R. (4th) 262, at paras. 75-81. The trial court’s determination concerning whether a limitation period has expired and the factual ......
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Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc.
...Act contains both a subjective and a modified objective assessment of when a claim is discovered: Apotex Inc. v. Nordion (Canada) Inc., 2019 ONCA 23, 431 D.L.R. (4th) 262, at para. 81; Ridel v. Cassin, 2014 ONCA 763, at paras. 4-6; Service Mold + Aerospace Inc. v. Khalaf, 2019 ONCA 369, 146......
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Saskatchewan (Highways and Infrastructure) v Venture Construction Inc.
...an element of this cause of action: see Hopkins v Stockman, 2013 SKCA 118 at para 10, 427 Sask R 4; Apotex Inc. v Nordion (Canada) Inc., 2019 ONCA 23 at para 85, 431 DLR (4th) 262 [Apotex]; Mars Canada Inc. v Bemco Cash & Carry Inc., 2018 ONCA 239 at para 32, 140 OR (3d) 81. However, th......
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8 firm's commentaries
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Court Of Appeal Summaries (May 25-28, 2021)
...Act, 2002, S.O. 2002, c. 24, Sch. B, ss. 4 and 5, Longo v. MacLaren Art Centre, 2014 ONCA 526, Apotex Inc. v. Nordion (Canada) Inc., 2019 ONCA 23, July v. Neal (1986), 32 D.L.R. (4th) 463 (Ont. C.A.), Markel Insurance Company of Canada v. ING Insurance Company of Canada, 2012 ONCA 218, Schm......
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COURT OF APPEAL SUMMARIES (MAY 25 – MAY 29)
...Kaiman v. Graham, 2009 ONCA 77, Ontario Energy Savings L.P. v. 767269 Ontario Ltd., 2008 ONCA 350, Apotex Inc. v. Nordion (Canada) Inc., 2019 ONCA 23, McConnell v. Huxtable, 2014 ONCA 86, Shewchuk v. Blackmont Capital Inc., 2016 ONCA 912 Pilaszek v. SCIV Inc., 2026 ONCA 376 Keywords: Contra......
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Ontario Court Of Appeal Summaries (January 14 18, 2019)
...CLA trust claims will generally not succeed when challenged by secured creditors in BIA proceedings. In Apotex Inc v Nordion (Canada) Inc, 2019 ONCA 23 the Court of Appeal upheld a finding of breach of contract and negligence in respect of a contract for the provision of clinical research s......
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Rx IP Update - February 2019
...appeal and Apotex’s cross-appeal of that judgment: Apotex Inc v Nordion (Canada) Inc, 2019 ONCA 23. The Court rejected MDS’ argument that the trial judge had erred in finding that Apotex’s claim was not time-barred. Rather, the Court found that the limitations period did not begin to run un......
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