The following is a status update from the regarding the Vioxx class proceedings in Ontario. The Alberta Vioxx class proceeding will be moving forward through the Ontario National Class Action.
On October 22, 2009, the Supreme Court dismissed three leave applications relating to the Ontario class action (Mignacca v. Merck). The result of the Supreme Court’s decisions is that the Ontario action is currently the only certified Vioxx class action in Canada outside of Quebec. That being said, the defendants (”Merck”) continue to challenge certification in Ontario .
In May 2008, the Saskatchewan court certified a Saskatchewan action as a national opt-out class action. However, on March 30, 2009, the Saskatchewan Court of Appeal set aside the certification order and refused to grant leave to amend the pleadings. Mr. Merchant – counsel for the proposed Saskatchewan sought leave to the Supreme Court and was refused by its October 22, 2009 decision. This effectively ends the stand-alone Saskatchewan class action.
Status of the Ontario Class Action
On July 28, 2008, Justice Cullity certified this Ontario action as a national class action relating to Vioxx excluding Quebec. However, Merck continues to challenge certification.
The litigation battle continues in Ontario, and we will keep our clients apprised as the matter continues.
CUMING & GILLESPIE
