Date: Fri, 24 Sep 2004 07:13:38 -0400

From: Jason Neyers

Subject: Suing Health Canada

Genevieve,

Not having read the cases, I wonder how can it be within anyone's legal entitlements to have the government pass a particular piece of legislation? How is the issue even justiciable given that it seems a clear example of policy making.

Sincerely,

"Genevieve Saumier, Prof." wrote:

Hello everyone:

Does anybody know if anything has been written about either Attis v. Health Canada (Ont 2003) or Harrington v Health Canada (BC 2003), the two class actions claiming liability of the federal government for failure to legislate against the distribution of defective products? I know that the SCC refused leave in Attis (motion to strike) in July and don't see any appeal from the BC first instance decision. Eliopoulos v. Ont Health (2004, West Nile) is a similar case though not a class action.

Any details or views about these cases would be appreciated.

Thanks a lot!

--
Jason Neyers
Assistant Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435

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