The Supreme Court of Canada yesterday refused the
plaintiff's application for leave to appeal the British
Columbia Court of Appeal's decertification decision in
Wakelam v. Wyeth et al. Wakelam is a claim
against various manufacturers of children's cough and cold
medication for relief due to the manufacturers' sale of the
medicines prior to a Health Canada order requiring
such medicines not be marketed for children under six years of age
and requiring re-labelling to that effect. The case was
certified in 2011.
Early this year, the British Columbia Court of Appeal made the
rare (in B.C.) order to decertify the case. In reaching this
decision, the Court made two findings of particular interest to
class action defendants: that the plaintiffs failed to make out
their main claims pursuant to the "reasonable cause of
action" requirement; and that both the Business Practices
and Consumer Protection Act and Competition Act
provide a "complete code" such that marrying the alleged
breaches of these statutes with claims for restitutionary or other
non-statutory relief was inappropriate. These findings are
described in more detail
The plaintiffs sought leave to appeal the decertification order
to the Supreme Court of Canada, which has recently shown
significant interest in hearing class action cases as summarized
The Supreme Court of Canada has refused leave to appeal
Wakelam, such that the decertification decision of the
British Columbia Court of Appeal stands as the final word on those
issues between the parties. As such, this decision remains a
useful authority for many class action defendants in B.C.
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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