Court File and Parties
Court File No.: CV-17-579535CP Date: 2017-12-04 Superior Court of Justice - Ontario
Re: Mara Micevic, Plaintiff – AND – Johnson & Johnson, Ortho-McNeil-Janssen Pharmaceuticals Inc., Johnson & Johnson Inc., Janssen-Ortho Inc., Colbar Lifescience Ltd., and Canderm Pharma Inc., Defendants
Before: Justice E.M. Morgan
Counsel: Bryan McPhadden, for the Plaintiff Gord McKee, for the Defendants, Johnson & Johnson, Ortho-McNeil-Janssen Pharmaceuticals Inc., Johnson & Johnson Inc., Janssen-Ortho Inc., Colbar Lifescience Ltd. Marilyn Sharpe, for the Defendant, Canderm Pharma Inc.
Heard: December 1, 2017
Case Conference – Endorsement
[1] This class action has a parallel action filed in British Columbia. It has been certified in that province pursuant to a tentative settlement reached between the Plaintiff and the Johnson & Johnson Defendants.
[2] The parties now wish to schedule a hearing for a certification motion – which will potentially be by way of consent. I am advised by counsel for the Johnson & Johnson Defendants that his clients do not intend to oppose the motion; and I am advised by counsel to Canderm Pharma Inc. that her client objects to certain parts of the motion as currently drafted but that she and counsel for the Plaintiff may be able to work out all of those objections. In any case, all counsel agree that a schedule should be set leading up to the certification motion, and that in the meantime they will work toward making this a consent motion.
[3] The following schedule has been agreed upon by all counsel:
| Event | Date |
|---|---|
| Plaintiff to deliver amended motion record | December 8, 2017 |
| Defendants to deliver responding materials | December 20, 2017 |
| Plaintiff to deliver reply materials | January 5, 2018 |
| Plaintiff to deliver factum | January 12, 2018 |
| Defendants to deliver factum | January 23, 2018 |
| Certification motion to be heard | February 6, 2018 |
Morgan J. Date: December 4, 2017