Dr. Sam Kacew

The plaintiffs sought to certify a class action against the defendant pharmaceutical companies for manufacturing and distributing valsartan contaminated with NDMA and NDEA, which are probable human carcinogens.

The plaintiffs claimed damages for psychological harm and pure economic losses (medical bills, medical monitoring, refunds, and wasted pills) arising from the increased risk of being diagnosed with cancer, but explicitly did not claim damages for actually developing cancer.

The court dismissed the certification motion, finding that the law does not recognize a cause of action for the mere creation of risk or for pure economic loss from shoddy but not imminently dangerous goods, and therefore the claims failed to satisfy the cause of action, common issues, and preferable procedure criteria.

The applicant sought statutory accident benefits after suffering a broken neck, claiming he fell out of his van while attempting to sleep in it after a party.

The insurer denied benefits, arguing the injury was not caused by an 'accident' as defined in the Schedule.

The arbitrator found the applicant's evidence unreliable due to his heavy intoxication, inconsistencies in his reporting, and the physical evidence at the scene.

Accepting expert medical and biomechanical evidence, the arbitrator concluded the injury was likely caused by prolonged extreme neck posturing while lying intoxicated on the ground, rather than a fall from the van.

The application for arbitration was dismissed.