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ARTICLE · 06 JUNE 2012

Certification Of Action Against Drug Manufacturers Denied

Blake, Cassels & Graydon LLP
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On April 19, 2012, the Québec Court of Appeal (the Court) rendered the first decision on misleading advertising since the ruling of the Supreme Court of Canada (the SCC) in Richard v. Time Inc. In Perreault v. McNeil PDI Inc.,

CanadaLitigation, Mediation & Arbitration
Robert Torralbo
Robert Torralbo
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Overview

On April 19, 2012, the Québec Court of Appeal (the Court) rendered the first decision on misleading advertising since the ruling of the Supreme Court of Canada (the SCC) in Richard v. Time Inc. In Perreault v. McNeil PDI Inc., the Court clarified the rules for awarding punitive damages in consumer law and reiterated that an applicant seeking authorization to institute a class action must prove a personal cause of action.

Procedural Context

On October 12, 2007, the appellant applied for authorization to institute a class action against various manufacturers of drugs for the relief of cold and cough symptoms in children.

The appellant had administered such drugs to her young children and stated that she never noticed any adverse side effects. However, the action is based on what she describes as the possibility that such products might be harmful.

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