Anna Iourina

The plaintiff brought a proposed class action against numerous pharmaceutical manufacturers and distributors regarding the marketing and sale of opioids in Canada.

The defendants moved to strike the statement of claim for failing to disclose a reasonable cause of action, and one defendant, Pro Doc Limitée, moved to dismiss the action against it for lack of jurisdiction.

The court granted Pro Doc's jurisdiction motion, finding no real and substantial connection to Ontario.

The court struck the claims against the distributor defendants without leave to amend, finding no viable cause of action.

The court found that while there were viable causes of action against the manufacturer defendants for breach of the Competition Act, negligent misrepresentation, fraudulent misrepresentation, and failure to warn, the plaintiff's pleading was defective.

The court struck the claims against the manufacturer defendants with leave to amend to join representative plaintiffs for each defendant group and to comply with the rules of pleading.

The defendant MPW Industrial Services Inc. brought a motion to dismiss or stay a personal injury action, arguing that Ontario lacked jurisdiction and was not a convenient forum.

The plaintiff, a truck driver, was injured in Ohio when cargo negligently loaded in Ontario dislodged.

The court found that Ontario had jurisdiction based on a real and substantial connection, as two other defendants were domiciled in Ontario and the alleged tortious acts (negligent loading) occurred in Ontario.

The court also determined that Ohio was not clearly a more appropriate forum, considering factors such as comparative convenience, applicable law, multiplicity of proceedings, enforcement, and fairness and efficiency.

The motion was dismissed.

The defendants, who are psychotherapists sued for professional negligence in a family law dispute, moved for the production of the plaintiff's matrimonial lawyer's file.

The plaintiff opposed, claiming solicitor-client privilege.

The court held that by pleading the defendants' misconduct caused him to incur approximately $900,000 in legal fees, the plaintiff put his state of mind and his lawyer's advice in issue.

The court found an implied waiver of privilege and ordered the production of the file, subject to specific claims of litigation privilege for documents prepared for the current action.