Plaintiff
Defendant
Facts: The case involves Taylor Janet MacKinnon and Alysa McIntosh suing Pfizer Canada Inc. and Wyeth Canada regarding the contraceptive Alesse. The plaintiffs argue for manufacturing defects and failure in ensuring the product's safety and efficacy, leading to reduced effectiveness.
Issue: The court had to determine the certification of common issues for class action, specifically regarding consumer protection claims across multiple jurisdictions, and the adequacy of notice for claims under various consumer protection statutes.
Court's Ruling: The court dismissed the application to certify proposed common issues for Alberta, Ontario, Québec, and PEI. However, it found that the plaintiffs' claims under Saskatchewan CPBPA, Manitoba BPA, Newfoundland CPBPA, and the Competition Act disclosed reasonable causes of action sufficient for certification, granting leave to revise proposed common issues accordingly.
Costs/Damages Awarded: The focus opf the case was on the procedural aspects of the class action certification and the applicable legal standards for consumer protection claims. Financial terms were not specified.
Court
Supreme Court of British ColumbiaCase Number
S187485Practice Area
Corporate & commercial lawAmount
Winner
PlaintiffTrial Start Date
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