The defendants appealed a decision refusing to strike out paragraphs of a statement of claim in a proposed national class proceeding regarding the prescription drug Prepulsid.
The defendants argued the representative plaintiff, an Ontario resident, could not assert causes of action under the legislation of other provinces, such as subrogated health insurance claims.
The Divisional Court dismissed the appeal, holding that the Class Proceedings Act permits a representative plaintiff to advance claims on behalf of class members that the plaintiff might not have personally.
However, the court ordered the plaintiff to amend the statement of claim to explicitly plead the out-of-province statutes relied upon as material facts.
