What is the impact of a Minister's failure to stop a pharmaceutical company from suing for damages?
Canada (Federal), Canada
The following excerpt is from Hoffmann-La Roche v. Canada (Minister of National Health and Welfare), 1999 CanLII 7978 (FC):
As Pearce L.J. noted in Attorney-General v. Harris, [1961] 1 QB 74 at 95 (Eng. C.A.), a comment approved by Reid J. in Attorney-General for Ontario v. Grabarchuk, supra, at 39: ... a breach with impunity by one citizen leads to a breach by other citizens, or to a general feeling that the law is unjustly partial to those who have the persistence to flout it... Litigation is always available to a company that believes that the Minister has acted unlawfully, and the pharmaceutical industry can hardly be said either to be strangers to the litigation process, or to lack the means necessary to retain first-class legal counsel.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a Minister's Minister of Employment and Immigration (Minister of Employment & Immigration) need to be appointed a Minister of Justice? (Canada (Federal), Canada)
Is the panel’s decision that a Minister of Justice should not be allowed to appoint a Minister for Employment and Immigration (e.g. Minister of Work and Pensions) to the Minister of Employment and Training (Employment), or is the panel's decision patently unreasonable? (Canada (Federal), Canada)
Does section 1431.2 of the California Civil Code prohibit damages under California Code of Civil Procedure section 877 from being calculated as "economic damages" rather than as damages for personal injury? (MultiRegion, United States of America)
Can a Minister of Employment and Immigration (minister of employment and immigration) bring a claim against the Minister of Justice for Ministerial Responsibility for Immigration and Refugee Protection Division in a federal civil case? (Canada (Federal), Canada)
What is the impact of certifying a claim for damages against a fire insurance company in a federal court? (MultiRegion, United States of America)
What is the impact of non-compensationary damages on a plaintiff's ability to sue for punitive damages? (MultiRegion, United States of America)
Under what circumstances will the Minister of Employment and Immigration be allowed to continue to be a Minister of Justice in the context of the Minister’s Accessibility Guidelines? (Canada (Federal), Canada)
Does the failure of a director to make a demand for an action against the directors of a company be considered a "defendant" of the company? (MultiRegion, United States of America)
Can a state be sued for damages under Section 1 of the Fourteenth Amendment? (MultiRegion, United States of America)
What is the impact of a visa officer's failure to consider the applicant's property holdings and valuations? (Canada (Federal), Canada)
