On March 27, 2024, the Ontario Court of Appeal released its decision in Palmer v. Teva Canada Limited et al, 2024 ONCA 220, dismissing the plaintiffs’ appeal from a denial of certification in a proposed pharmaceutical product liability class action against Sandoz Canada Inc. (“Sandoz”), seeking C$250M in damages.
The plaintiffs’ proposed class action involved allegations regarding the presence of certain alleged carcinogens in a high blood pressure medication. In the motion underlying this appeal, Sandoz achieved complete success, with the motion judge concluding that the plaintiffs had failed every element of the test for certification of a class action.
The plaintiffs appealed to the Ontario Court of Appeal, and again Sandoz achieved complete success. The Ontario Court of Appeal rejected the plaintiffs’ arguments with respect to the many forms of causes of action pleaded. Importantly, the Court of Appeal agreed with Sandoz’s position that the plaintiffs’ claims were ill-fated as a result of the failure to plead any compensable loss, and to present any evidence of any actual harm to the proposed class.
Fasken represented the defendant Sandoz Canada Inc. in securing the result, with a team led by Peter Pliszka and including Zohaib Maladwala and Robin Roddey.
Jurisdictions
- Ontario
- Canada
