Yesterday, the BC Court of Appeal released its decision in Charlton v. Abbott Laboratories, Ltd. 2015 BCCA 26. The case was brought on behalf of persons who purchased or used the drug sibutramine. It was alleged that use of the drug led to an increased risk of cardiovascular events. The plaintiffs claimed for negligence (and in the alternative, waiver of tort). Additional remedies pursuant to the Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2 and the Competition Act, R.S.C. 1985, c. C 34 were also sought.
The certification judge had certified the proceeding and the manufacturer sought leave to appeal arguing that the certification judge erred in certifying the class action. The Court of Appeal allowed the appeal and set aside the certification order on the basis that the Plaintiffs/Respondents had failed to provide a methodology that could address the question of causation on a class-wide basis.