Does the Minister have a legal duty to consider an application according to any particular process or time line?
Ontario, Canada
The following excerpt is from Apotex Inc. v. Ontario (Minister of Health and Long-Term Care), 2004 CanLII 12672 (ON SC):
In Apotex v. Ontario (Minister of Health), [1999] O.J. No. 3235, A.G. Campbell J. said: ¶ 17 Even assuming that the Minister’s recommendation is a statutory power of decision and accepting that the Minister has a duty to consider each application, there is no legal duty to consider the application according to any particular process or according to any particular time lines. …. There is simply no basis in law for the preemptory time-lines and back-dated queue number system which it would like to read into the regulatory scheme.
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