Annelis Thorsen-Cavers

The moving parties brought a motion for leave to appeal an order of Morgan J. dated December 21, 2022.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the respondents in the amount of $7,500.

The Plaintiffs brought a motion to amend their Statement of Claim and for partial certification of a proposed national class action concerning BIOCELL textured breast implants.

The amendments sought to add representative plaintiffs from parallel actions and reorganize the claim.

One defendant, Allergan Inc., consented to both the pleading amendments and the partial certification of a defined class and six common issues, including product defect, duty to warn, and consumer protection breaches.

The court granted the amendments and partial certification against Allergan Inc., finding that the proposed class and common issues met the criteria under the Class Proceedings Act, 1992.

The balance of the certification motion against the other defendants was adjourned.

The defendants in a proposed national class action regarding baby powder and ovarian cancer requested that their motion to dismiss or stay the action for delay or abuse of process be heard before the plaintiffs' certification motion.

The defendants argued that the Ontario action was duplicative of parallel class actions in other provinces and had languished for over five years.

The court applied the Cannon factors and determined that the stay/dismissal motion should be heard simultaneously with the certification motion, as doing so would promote judicial economy and allow the court to better assess the preferable procedure and multi-jurisdictional issues.

This initial case conference in a proposed class action concerning allegedly defective breast implants addressed procedural coordination across multiple jurisdictions and the establishment of a certification motion schedule.

The court set a detailed schedule for the Ontario certification motion, including deadlines for records and cross-examinations, with the hearing scheduled for December 2021.

The court declined to mandate an immediate multi-jurisdictional case conference, emphasizing that inter-plaintiff counsel agreement is the primary mechanism for resolving overlapping claims.

Additionally, the court directed plaintiffs to ensure proper service on unserved foreign defendants to prevent delays.