In a proposed national class action concerning alleged negligent packaging of the contraceptive drug Alysena 28, the plaintiffs brought a motion relating to the identity of class counsel and seeking injunctive relief against a former co-counsel.
The dispute arose following the breakdown of a professional relationship between two lawyers who had participated in advancing the proposed class proceeding, leading to competing communications with putative class members and the existence of a rival certified class action in Alberta.
The court exercised its supervisory jurisdiction over counsel and class proceedings under the Class Proceedings Act, 1992 and the Solicitors Act.
The court dismissed both the motion and cross-motion, disqualified the disputing lawyers from acting for any putative class members, rescinded existing retainer and contingency fee agreements, and ordered the proposed Ontario class action discontinued as a class proceeding subject to possible revival if the Alberta settlement was not approved.
