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ARTICLE · 18 FEBRUARY 2015

Product Liability E-Communiqué - February 2015

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Canadian courts may be taking a firmer stance against certification in pharmaceutical class actions.

CanadaConsumer Protection

In This Issue

  1. Charlton in Charge: BC Court of Appeal Overturns Pharmaceutical Class Action Certification Due to Plaintiff's Failure to Provide Workable Causation Methodology
  2. Files Exhibited, Fines Unlimited: Health Industry Risks Under the New Bill C-17
  3. Keeping You Up-To-Date on Consumer Product Regulation: What's New With The Canada Consumer Product Safety Act?

Charlton in Charge: BC Court of Appeal Overturns Pharmaceutical Class Action Certification Due to Plaintiff's Failure to Provide Workable Causation Methodology

By Christopher Horkins

Canadian courts may be taking a firmer stance against certification in pharmaceutical class actions. The recent decision of the British Columbia Court of Appeal setting aside the certification of a pharmaceutical class action in Charlton v. Abbott Laboratories Ltd. ("Charlton") provides evidence of a growing trend in favour of defendants in prescription drug class actions in Canada.1 Although the certification

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