Dr. Robertson

The appellants appealed the dismissal of their motion to certify a class proceeding involving product liability claims against the manufacturers of an inferior vena cava (IVC) filter.

The Divisional Court upheld the motion judge's finding that the pleadings failed to disclose a reasonable cause of action for defective design because they did not identify a specific alternative design.

However, the court allowed the appeal in part, finding that regulatory advisories provided 'some basis in fact' to certify the common issue of whether the defendants breached their duty to warn learned intermediaries of the risks associated with the filters.

Following the dismissal of an appeal regarding the removal of animals under the OSPCA Act, the successful respondent sought partial indemnity costs of $46,561.99.

The court considered the factors under Rule 57.01 and section 131 of the Courts of Justice Act, balancing the respondent's success against the appellant's self-represented status and the financial burden of the maintenance fees.

The court fixed costs at $25,000 inclusive of disbursements and HST.