The appellant brought a proposed class action against the manufacturers of the prescription drug Prepulsid.
The respondents successfully moved to strike paragraphs of the statement of claim alleging fraudulent or negligent filings with Health Canada and claiming reimbursement of the purchase price.
On appeal, the Court of Appeal allowed the appeal in part, reinstating the paragraphs regarding regulatory filings as they were sustainable under a negligence or negligent misstatement claim.
However, the court upheld the striking of the reimbursement claims, finding they could not be sustained under negligence, breach of contract, or unjust enrichment.
