Ontario Court of Appeal ruled that Health Canada may have been negligent and can be sued over defective jaw implants

TORONTO, July 6, 2012 /CNW/ - In a 5-0 decision released today, the Ontario Court of Appeal unanimously ruled that Kathryn Taylor may proceed with her claim against Health Canada arising from Health Canada's failure to warn her that the TMJ implants she received through surgery were defective and had been recalled in the United States.

"Government regulation impacts on most facets of life, particularly matters of public health and safety" Justice David Doherty wrote.  "If a government regulator exercises its powers in a negligent way, people can be hurt and suffer substantial damages."

A copy of the 54 page decision is available on the Ontario Court of Appeal web site.

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