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ARTICLE · 15 MAY 2018

"Enough Is Enough": Proposed Class Action Dismissed In The Face Of Inordinate Delay

In Smith v. Armstrong et al., a decision released on April 17, 2018, the Ontario Superior Court of Justice dismissed a proposed class proceeding for reasons of delay.

CanadaLitigation, Mediation & Arbitration
  • In Smith v. Armstrong et al., a decision released on April 17, 2018, the Ontario Superior Court of Justice dismissed a proposed class proceeding for reasons of delay.
  • The proceeding was initiated in January 2000 on behalf of members of the Canadian Armed Forces ("CAF") who were allegedly required to take the antimalarial drug Melofquine while deployed to Somalia in 1992 and 1993.
  • The Plaintiff alleged that the drug produced harmful long-term side-effects and that its mandatory administration to members of the plaintiff class constituted negligence, battery, and a breach of their Charter rights.
  • The Plaintiff waited 16 years before seeking leave from the court to bring the certification motion. The Defendants also moved for dismissal of the action for delay.

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