As previously reported, the Federal Court of Appeal (FCA) overturned the Federal Court’s conclusion that Apotex failed to mitigate the loss it incurred as a result of Health Canada’s tortious conduct in considering Apotex’s Apo-Trazodone drug submission. The FCA otherwise dismissed the parties’ appeals relating to Apotex’s claims in negligence, misfeasance in a public office, and contract: Apotex v Canada2017 FCA 73. On December 14, 2017, the Supreme Court dismissed Apotex's leave application (SCC case no. 37593).