Successful Pre-Certification Summary Trial In Pharmaceutical Product Liability Case

The British Columbia Supreme Court recently dismissed claims against two defendants in a proposed class action, prior to certification, citing a lack of admissible expert evidence supporting the potential class members' claims. The court's willingness to take this step prior to certification appears to reflect the more robust approach to summary proceedings suggested by the Supreme Court of Canada and emphasizes that on summary trial, admissible evidence supporting claims must be tendered.  

That the court decided the matter was suitable for summary trial under British Columbia's Rules of Court, despite the presence of competing expert opinions and a voluminous record of over 5,000 pages, also illustrates that even more complicated product liability claims may be amenable to summary disposition in Canada.