Ontario Court Decision Highlights Summary Judgment As Potential Tool In Class Proceedings

In a recent class action decision, Wise v. Abbott Laboratories Limited (Wise), Justice Perell of the Ontario Superior Court of Justice (Court) granted the defendant's motion for summary judgment in advance of certification, concluding that there was no genuine issue requiring a trial because there was insufficient evidence of general causation. The decision highlights the potential for defendants to use of summary judgment to resolve a class action before certification in appropriate cases.

BACKGROUND

Abbott Laboratories (Abbott) is the manufacturer of a topical ointment known as AndroGel^®, a testosterone replacement therapy for the treatment of hypogonadism (testosterone deficiency) in men.