Mitchell Stephenson

This endorsement addresses the quantum of costs following the Plaintiffs' successful certification motion in a class action.

The court, while acknowledging the Plaintiffs' entitlement to costs on a partial indemnity scale, disallowed a claim for nearly $20,000 in docketed time spent on preparing the costs submissions themselves, deeming it novel and not to be encouraged.

The court rejected the Defendants' argument that the Plaintiffs' fees were too high, noting that both sides invested similar hours and the difference in dollar amounts reflected firm structure rather than overwork.

The Plaintiffs were awarded all-inclusive costs of $496,000.

The plaintiffs sought certification of a national class action against the defendants regarding alleged defects and failures to warn associated with Allergan breast implants, specifically concerning risks of BIA-ALCL, premature rupture, and ASIA/BII.

The court found that the plaintiffs met all the criteria under section 5(1) of the Class Proceedings Act, 1992, including demonstrating a plausible methodology for their claims through expert evidence, despite significant scientific debate.

The action was certified against all defendants, expanding a previous partial certification order.

The Plaintiffs brought a motion to amend their Statement of Claim and for partial certification of a proposed national class action concerning BIOCELL textured breast implants.

The amendments sought to add representative plaintiffs from parallel actions and reorganize the claim.

One defendant, Allergan Inc., consented to both the pleading amendments and the partial certification of a defined class and six common issues, including product defect, duty to warn, and consumer protection breaches.

The court granted the amendments and partial certification against Allergan Inc., finding that the proposed class and common issues met the criteria under the Class Proceedings Act, 1992.

The balance of the certification motion against the other defendants was adjourned.

This initial case conference in a proposed class action concerning allegedly defective breast implants addressed procedural coordination across multiple jurisdictions and the establishment of a certification motion schedule.

The court set a detailed schedule for the Ontario certification motion, including deadlines for records and cross-examinations, with the hearing scheduled for December 2021.

The court declined to mandate an immediate multi-jurisdictional case conference, emphasizing that inter-plaintiff counsel agreement is the primary mechanism for resolving overlapping claims.

Additionally, the court directed plaintiffs to ensure proper service on unserved foreign defendants to prevent delays.