HIGHLIGHTS
- A Justice of the Ontario Superior Court of Justice has summarily dismissed a claim by a manufacturer of apiary pest control products which alleged, among other things, misfeasance in public office and negligent misrepresentation by officers of the federal Pest Management Regulatory Agency in relation to a bee mite control product developed by the manufacturer. The manufacturer claimed, among other things, that the Agency had represented that a policy permitting the use of an unregistered product would be withdrawn if it developed and registered a new product for the control of bee mites. The manufacturer also claimed that the Agency had wrongfully allowed the use of temporary competing products which had not been registered. The court found no unlawful or improper conduct on the part of the Agency and concluded that the Agency had acted within its statutory mandate to prevent unacceptable risks to people and the environment from the use of pest control products. The court also concluded that the Agency owed no private law duty of care to the manufacturer, relying on the decision of the B.C. Court of Appeal in Los Angeles Salad Co. v Canadian Food Inspection Agency, [2013] B.C.J. No. 122, 2013 BCCA 34. (NOD Apiary Products Ltd. v. Canada (Minister of Health), CALN/2017-061, [2017] O.J. No. 5748, Ontario Superior Court of Justice)
NEW CASE LAW
NOD Apiary Products Ltd. v. Canada (Minister of Health);
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