In Charlton v. Abbott Laboratories, Ltd., 2015 BCCA 26, the Court of Appeal for British Columbia overturned certification of a class action on behalf of all Canadian consumers of sibutramine, a weight-loss drug.
It was alleged that sibutramine increased the risk of cardiovascular events.
The Plaintiffs’ evidence on general causation was a trial that had demonstrated that sibutramine increased risks of cardiovascular events on patient with pre-existing cardiovascular disease.
However, evidence was adduced that sibutramine ought not be prescribed to patients with such pre-existing diseases. Therefore, the Appellants pleaded that there was no evidence that sibutramine causes or contributes to cardiovascular events among class members, i.e.… Continue Reading
Recent developments suggest that the ongoing success of the Canadian plaintiffs’ bar in obtaining certification of global securities class actions may be illusory. On March 26, 2015, the Supreme Court of Canada denied leave to appeal from the judgement of the Ontario Court of Appeal (“ONCA”) in Kaynes v. BP, Plc, 2014 ONCA 580 (“Kaynes”). As noted by our colleagues Michael Rosenberg and Sapna Thakker in an August 2014 Canadian Class Actions Monitor blogpost, Kaynes, depending on how it is interpreted by other Canadian courts, has the potential to reverse the growing trend of global class action certification in Canada.
In Kaynes, the plaintiffs sought certification of a global securities class action alleging that BP PLC made misrepresentations in its financial statements with respect to the April 2010 Deep Water Horizon oil spill in the Gulf of Mexico.… Continue Reading
Mr. Justice Funt has refused to certify Vaugeois v. Budget Rent-A-Car of BC Ltd., 2015 BCSC 802 on the basis of preferability. This is a welcome result in the wake of AIC Limited v. Fischer, 2013 SCC 69 discussed in an earlier blog HERE.
In this case, the plaintiffs alleged that the defendants, Budget Rent-A-Car of B.C. Ltd. and Inland Transportation Ltd., “engaged in a systematic scheme whereby consumers renting motor vehicles from Budget’s various car rental branches [in B.C.] were improperly charged or over-charged for body and window glass repairs.”… Continue Reading