James Max Soldatich

The plaintiff brought a class action against Health Canada for negligent regulation of a jaw implant device, limiting her claim to damages attributable to Health Canada's proportionate degree of fault.

The defendant brought a third-party claim against the dental surgeon and hospital for contribution and indemnity.

The Court of Appeal upheld the dismissal of the third-party claim, confirming that because the plaintiff limited her claim to the defendant's several liability, the defendant had no right to contribution.

The Court also clarified that fault can be apportioned against non-parties under the Negligence Act.

The appellant brought a proposed class action against Health Canada, alleging negligent regulation of temporomandibular joint (TMJ) implants.

The motion judge struck the claim under Rule 21.01(1)(b) on the basis that it disclosed no reasonable cause of action.

On appeal, the Court of Appeal affirmed the dismissal, holding that it was plain and obvious that Health Canada did not owe a private law duty of care to individual consumers of medical devices.

The statutory scheme did not create a proximate relationship, and the pleadings failed to allege specific representations or reliance that would establish proximity under the Anns/Cooper test.

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.