The plaintiff in a proposed medical device class action brought a motion to discontinue the action against one defendant, Sanofi S.A., without prejudice and without costs.
The plaintiff had learned that Sanofi S.A. acquired the shares of another defendant after that defendant had terminated its Canadian medical device licence, and Sanofi S.A. itself never held a licence.
The court granted the motion, finding the action against Sanofi S.A. appeared baseless and discontinuance would not prejudice putative class members.
Notice to the class was not required, provided notice was placed on class counsel's webpage.
