The Saskatchewan Court of Queen’s Bench in Stout v. Bayer Inc., 2017 SKQB 329 (“Stout”) confirmed that the same standard for the admissibility of expert evidence applies in class action certification applications as in other proceedings. Evidence must satisfy the test for admissibility before it will be considered in the context of certification. As such, the lesser standard of proof associated with the statutory certification requirements does not reduce the threshold of admissibility of expert opinion evidence in certification applications.
Facts in Stout
Stout is a proposed class action concerning the Essure Permanent Birth Control System (“Essure”), a permanent form of female birth control.… Continue Reading