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  S&P/TSX 35,518.55 +0.04% S&P 500 7,773.99 +0.66% Nasdaq 27,477.31 +1.05% Brent US$100.42 -1.8% USD/CAD 1.4250 Flat US 10-yr 5.315% +3.8 bp Monday, October 5 close, with Asia’s Tuesday session. Wall Street’s tech rally pushed the Nasdaq to a fresh record on Monday even as long-term bond yields kept climbing: the U.S. 10-year Treasury yield settled at 5.315%, a new 52-week high. Canada’s TSX barely moved, with tech gains offsetting a slide in energy and financials, and Cenovus fell after unveiling a C$5.7-billion takeover of Athabasca Oil. Oil dropped nearly 2% as G7 emergency stock releases and rising Middle East exports eased supply fears, and the loonie hovered near 70 U.S. cents, close to its weakest level in about 18 months. Canada: TSX Flat as Tech Offsets Energy Index / Stock Close Change S&P/TSX Composite 35,518.55 +0.04% Shopify (SHOP) — +5.7% Athabasca Oil (ATH) — +13.5% Cenovus Energy (CVE) C$44.86 -3.0% Suncor Energy (SU) — -1.2% The TSX added 15.90 points ...
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Canadian Manufacturers of COVID-19 Protective Equipment Sue Ottawa for $5 Billion in Damages

 

Canadian manufacturers who produce masks and other protective equipment to combat COVID-19 are pursuing legal action against the federal government, seeking more than $5 billion in damages. Their claim alleges that Ottawa misled them regarding the purchase and promotion of their products.

In a statement of claim filed in Federal Court, the companies and their industry association assert that the government made “negligent misrepresentations” that led them to invest in personal protective equipment innovations, manufacturing, and production. These misrepresentations spanned a three-year period starting in March 2020. The companies and the Canadian Association of PPE Manufacturers contend that the government provided misleading information about markets, direct assistance, flexible procurement, and long-term support.

The Canadian government had communicated through an initiative called Canada’s Plan to Mobilize Industry to fight COVID-19 that there would be new measures to directly support businesses in rapidly scaling up production or retooling their manufacturing lines. However, despite identifying masks and respirators as vital items for an airborne pandemic, the government did not contract with the Canadian companies, invoking a national security exception for procurement. Furthermore, in June 2021, the government allegedly promised a 10-year contract with the industry association and businesses to compensate for not purchasing protective equipment from domestic firms.

The companies claim that these misrepresentations resulted in approximately $88 million in investment losses and a further $5.4 billion in projected lost market opportunities over a ten-year period. They emphasize that this promise came from the highest levels of the Canadian government and was propagated across all relevant departments.

As the court case proceeds, the federal government will have an opportunity to respond to these unproven allegations. The manufacturers’ “special relationship” with the government, born out of a duty of care to small- and medium-sized businesses, underscores the significance of this legal battle.

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