The plaintiffs appealed a decision denying certification of a proposed class proceeding against the manufacturers of the drug Seroquel, as well as the associated costs award.
The Divisional Court upheld the motion judge's finding that the pleadings failed to disclose a cause of action under s. 5(1)(a) of the Class Proceedings Act and that the plaintiffs failed to meet the evidentiary threshold for the remaining certification criteria.
The court also found no error in principle in the costs award, noting the motion judge properly exercised her discretion.
The appeal was dismissed with costs fixed at $30,000.
