In a certified class proceeding concerning allegedly defective hip implants, the court addressed issues relating to notice to class members and the identification of potential class members.
The court ordered the defendants to make reasonable efforts to locate names and addresses of implant class members contained in product adverse event reports and other related sources where the information was available and the province of residence was not British Columbia or Quebec.
However, the court declined to require an extensive manual internal review of all potential incident reports, finding such a requirement would be disproportionately burdensome and would not materially improve the notice program.
The court also determined the proper title for the certification notice and class counsel’s website, concluding that inclusion of the manufacturer’s name alongside the product identifier was reasonably necessary to inform the intended class.
