Product Liability e-COMMUNIQUÉ - November 2014

Pruning the Weeds in Class Action Proceedings

By Emily Larose, Stephanie Voudouris

In its 2014 decision in Player v Janssen-Ortho Inc.¹  the British Columbia Supreme Court dismissed a class action claim against two pharmaceutical manufacturer defendants in a pre-certification summary trial. Resolution of substantive issues prior to certification is out of the ordinary in proposed class actions in Canada, especially in light of jurisprudence suggesting judicial reluctance to tackle complex matters at that early stage.  Decisions such as this may signal a growing willingness on the part of Canadian courts to address substantive as well as procedural issues at this early stage.

The Case