Dionne C. HEXO Corp.: When Proof Is In The Pudding

Background

In Dionne c. HEXO Corp., the Quebec Court of Appeal continued a growing trend in which Canadian courts appear increasingly willing to dismiss unmeritorious class proceedings early on, despite the low evidentiary threshold at authorization and certification.

Decision in HEXO Corp.

The plaintiff commenced statutory and civil primary and secondary misrepresentation claims alleging that HEXO Corp. ("HEXO"), a cannabis producer, misled the market in two respects: (i) by representing, in virtue of a purchase agreement with the Société des alcools du Québec ("SAQ"), that it was guaranteed a certain amount of revenue; and (ii) by representing that its Niagara cannabis facility was fully licensed.