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ARTICLE · 25 NOVEMBER 2024

Evidence Rules Apply: B.C. Supreme Court Denies Class Certification Of Claims With No Basis In Fact

McCarthy Tétrault
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In Bosco v Mentor Worldwide LLC, 2024 BCSC 1931, the B.C. Supreme Court declined to certify certain common issues due to flaws in the plaintiffs' evidence.

CanadaLitigation, Mediation & Arbitration
Canadian Class Actions Monitor
Canadian Class Actions Monitor
Michelle De Haas
Michelle De Haas
Patrick D. Sheppard (Summer Student)
Patrick D. Sheppard (Summer Student)
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In Bosco v Mentor Worldwide LLC, 2024 BCSC 1931, the B.C. Supreme Court declined to certify certain common issues due to flaws in the plaintiffs' evidence. The court found the plaintiffs had failed to provide evidence that there was 'some basis in fact' for the actual harm or materialized loss caused by the defendants' alleged negligence.

Background

Bosco is a proposed class action on behalf of Canadians who received the defendants' silicone breast implants. The plaintiffs allege that the breast implants cause or contribute to adverse health effects.

Some contested common issues related to alleged inadequate disclosure of the presence of heavy metals and other volatile chemicals ("toxins") in the implants, and whether this failure to disclose was negligent and/or in breach of consumer protection and competition legislation. The plaintiffs claim that the alleged toxins can diffuse through the shell of the implants causing harmful health effects and claim to

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