The appellants, who received silicone gel breast implants that allegedly leaked or ruptured, commenced a proposed class action against Health Canada for regulatory negligence.
They alleged that Health Canada breached a private law duty of care by failing to properly regulate, test, or warn consumers about the hazards of the implants under the Food and Drugs Act.
The motion judge dismissed the certification motion, finding it plain and obvious that the claim disclosed no cause of action because the legislative scheme did not impose a private law duty of care on the government.
The Court of Appeal dismissed the appeal, confirming that the government's duty under the Act is owed to the public as a whole, not to individual consumers, and that no proximate relationship existed.