The appellants appealed the dismissal of their motion to certify a class action against the manufacturers of the prescription drug Celexa.
The proposed class action alleged a failure to warn that the drug is or may be a teratogen causing congenital malformations.
The Divisional Court dismissed the appeal, upholding the Class Proceedings Judge's findings that the proposed common issues lacked sufficient commonality due to the hundreds of potential congenital malformations with unique etiologies, and that a class proceeding was not the preferable procedure because individual issues would overwhelm any common issues.
