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ARTICLE · 29 MAY 2008

Court Of Appeal Confirms Judgment Refusing To Authorize Largest Proposed Class Action In Québec´s History

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In a judgment rendered on May 23, 2008, the Court of Appeal confirmed the judgment rendered by the Superior Court of Québec on January 17, 2006 refusing to grant Option Consommateurs the authorization to institute a class action against a number of drug manufacturers seeking damages in the amount of approximately C$4-billion in Option Consommateurs v. Novopharm et al.

CanadaLitigation, Mediation & Arbitration

Copyright 2008, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Class Actions, May 2008

In a judgment rendered on May 23, 2008, the Court of Appeal confirmed the judgment rendered by the Superior Court of Québec on January 17, 2006 refusing to grant Option Consommateurs the authorization to institute a class action against a number of drug manufacturers seeking damages in the amount of approximately C$4-billion in Option Consommateurs v. Novopharm et al.

The motion seeking authorization to institute the class action was filed in February 2003, shortly after a newspaper article appeared in La Presse reporting that certain unnamed pharmaceutical manufacturers may have given "illegal" rebates to pharmacists in Québec and other provinces in the form of benefits and further reporting that an investigation was launched into this matter by the Régie de l'assurance

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