Ontario Court Denies Certification In Pharmaceutical Class Action

A recent Ontario Superior Court decision denying certification of a pharmaceutical class action could have a significant impact on the conduct of product liability class actions in the province.  In rejecting certification, the court closely analyzed the claim being advanced and the common issues proposed and concluded the action was not suitable for certification.  The court provides a helpful analysis in relation to a number of important issues that arise in many of these cases.

Background

In Martin v AstraZeneca Pharmaceuticals, a group of plaintiffs brought a proposed class action in the Ontario Superior Court regarding an anti-psychotic drug.  The plaintiffs claimed that the various defendants had failed to warn class members that the drug could cause weight gain and associated health issues.  The plaintiffs also alleged that the defendants had been negligent in the design, manufacture and distribution of the drug.  The defendants denied these allegations,