NEGLIGENCE - Duty of care - Recognized categories - Misfeasance in public office - Negligent misstatement

Law360 Canada ( September 10, 2026, 9:35 AM EDT) -- Appeals by Attorney General of Canada (Canada), the Minister of Fisheries, Oceans and the Canadian Coast Guard, and former Ministers Jordan and Murray (collectively, Ministers) from an order refusing to strike claims for misfeasance in public office, negligence and negligent misrepresentation brought by corporate plaintiffs involved in the aquaculture industry in the Discovery Islands. Cross-appeals by Mowi Canada West Inc. (Mowi) and Cermaq Canada Ltd. (Cermaq) from the order striking their claims for constructive taking. The plaintiffs claimed significant losses. The plaintiffs alleged, among other things, that the Ministers acted unlawfully by prohibiting transfers necessary to make use of aquaculture licences, denying transfer licences, implementing a new transfer application process, and re‑implementing restrictions after the Federal Court had quashed the 2020 Decision. Canada argued that the claims in misfeasance rested on breaches of procedural fairness alone and failed to plead material facts showing unlawful conduct or an improper use of statutory power, and that the pleadings failed to establish a private law duty of care necessary to support the negligence and negligent misrepresentation claims. Mowi and Cermaq argued that the pleadings disclosed claims for constructive taking arising from the loss of the use and value of their aquaculture operations, fish, facilities, equipment, infrastructure and related interests....
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