A "defective medical devices" class action with a
"regrettable history" has come to an end as the Court of
Appeal for Ontario dismissed the appeal of the representative
plaintiff as well as a cross-appeal on costs from the Attorney
General of Canada.
In dismissing the cross-appeal, the court stressed that the
"concept of public interest should be construed liberally
through the lens of the goals of the Class Proceedings
Act, 1992."
"It was open to the trial judge to determine that the public
interest was engaged. Cases addressing liability for government
regulation of consumer devices may be determined to be in the
public interest," the court explained.
Paul-Erik Veel, a partner at Lenczner Slaght and counsel for the
Law Foundation of Ontario, which had indemnified the representative
plaintiff against any award of costs through the Class Proceedings
Fund, said the "Court of Appeal's decision on the
cross-appeal confirms the important role that public
