The plaintiff brought a class action against the manufacturer of a medical device and the Attorney General of Canada, alleging Health Canada was negligent in its regulation of the device.
The Attorney General moved to strike the claim on the basis that it owed no private law duty of care to the plaintiff.
The motions judge dismissed the motion, finding a full factual record was necessary.
On appeal, the Divisional Court allowed the appeal and struck the claim, holding that it was plain and obvious under the Anns test that the federal government did not owe a private law duty of care to individual consumers of medical devices, and that residual policy considerations negated any such duty.
