Teva Canada Limited v. Nycomed Canada Inc.

A Prothonotary struck out portions of Teva’s Statement of Claim that claimed losses, damages and harm incurred outside the liability period as set out in section 8(1) of the NOC Regulations. The Court dismissed Teva’s appeal. The Court of Appeal also dismissed the appeal, finding that it was settled law that a claim for losses outside the statutory liability period could not succeed.