British Columbia: The New Haven For Class Action Certification?

INTRODUCTION

In a September 17, 2013, decision of the British Columbia Supreme Court, Charlton v. Abbott Laboratories Ltd., the court certified a class action regarding the diet drug Meridia, containing sibutramine hydrochloride monohydrate (sibutramine), against both the brand-name and generic manufacturers and confirmed that the bar for certification remains very low in British Columbia – and may now be the lowest in Canada.

Quebec has historically been perceived as the haven for class actions in Canada due to its low statutory threshold and the lack of an evidentiary requirement for certification. However, while the statutory criteria have remained the same since Quebec enacted its class proceedings legislation, the procedural landscape has evolved in the last few years. Recent decisions have demonstrated a shift to a stricter and more thorough analysis of the proposed class representative's personal claim and involvement in the proceedings. While there have