Stephanie Clark

The plaintiff tenant brought a motion for an interlocutory injunction to restrain the defendant landlord from terminating a commercial lease and taking possession of the premises, and for a declaration that it validly exercised its option to renew.

The landlord had refused to renew the lease, alleging the tenant failed to duly and regularly pay percentage rent based on an audit.

The court dismissed the motion, finding the tenant failed to meet the threshold of showing a serious issue to be tried or a strong prima facie case that it had satisfied the preconditions for renewal, as the evidence showed a history of late rent payments and no waiver by the landlord.

Apotex brought an action against MDS (now Nordion) for breach of contract and negligence arising from bioequivalence studies conducted by MDS for Apotex's generic drug applications to the FDA.

The FDA refused to accept the studies due to MDS's failure to comply with U.S. regulatory requirements, forcing Apotex to repeat or certify the studies and delaying the launch of its drugs.

The court found MDS breached the Master Laboratory Services Agreement and its duty of care.

The court rejected MDS's defences regarding standing and the limitation period.

Apotex was awarded over $11.3 million in damages for the costs of repeating/certifying the studies and for lost profits due to the delayed market entry.