Lana Wakelam v. Wyeth Consumer Healthcare et al. (B.C.) (Civil) (By Leave) (35800)

Ms. Wakelam sought to bring a class proceeding on behalf of all residents in British Columbia who purchased over-the-counter children’s cough medicine for use by children between the ages of 2-6. Her claim was premised on Health Canada’s decision in December 2008 that such medicines be re-labeled to indicate that they should not be used by children under the age of 6. While the defendants complied with the new labelling rules, Ms. Wakelam alleged “deceptive acts or practices in the supply, solicitation, offer, advertisement and promotion” of the sale of these medicines prior to December 2008. She sought relief for breach of the Business Practices and Consumer Protection Act and the Competition Act as well as restitutionary relief based on interference with economic relations, unjust enrichment, waiver of tort and constructive trust.

Certification was granted by the British Columbia Supreme Court but was subsequently set aside by the British Columbia Court of Appeal. Ms. Wakelam sought leave to appeal to the Supreme Court of Canada. In a much awaited decision, the Supreme Court of Canada dismissed Ms. Wakelam’s application for leave to appeal with costs on September 4, 2014