The defendants correctly submit that there is no nominate tort of statutory breach in Canada. It is only when the legislator has expressly provided a civil action for a breach of a statute that a civil action will be available: Canada v. Saskatchewan Wheat Pool 1983 CanLII 21 (SCC), [1983] 1 S.C.R. 205. The plaintiffs have not submitted that the PBSA expressly so provides.
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