Background:
The plaintiffs had undergone breast augmentation or reconstruction surgery with Mentor MemoryGel™ implants between 2008 and 2017. They later developed various health issues, including symptoms of autoimmune disorders, which they attributed to the implants. The plaintiffs claimed they were not adequately informed about the risks, specifically the potential for harmful chemicals, heavy metals, and silicone to diffuse from the implants, known as “gel bleed.” The implants were approved for sale in Canada and had never been recalled.

Legal Issues:
The plaintiffs alleged that the defendants were negligent in failing to warn patients and surgeons of the risks of toxins in the implants. They also claimed violations of the Business Practices and Consumer Protection Act (BPCPA) and the Competition Act, arguing that the defendants misled consumers about the safety of the implants and failed to disclose important health risks.

Court Findings:
The court certified uncontested issues regarding potential health risks but dismissed claims about the presence of harmful toxins due to insufficient evidence. It also found no basis for claims under the BPCPA and Competition Act related to these toxins.

Award:
No specific damages or costs were awarded, as the decision focused on certification for further trial.