Bob forgot to mention - Facts do not seem to justify conclusions sought

II. Article 1003 (b) C.C.P. – Facts do not seem to justify conclusions sought




In the Court's view, the petitioner does not have a case against the manufacturer based on failure to provide sufficient information on the risks associated with stopping treatment with PAXIL since the alleged symptoms were disclosed in the CPS. The judge also bases his conclusion on the petitioner's admission that her treating physician confirmed to her that the symptoms she reportedly suffered were not linked to discontinuation of PAXIL. Lastly, the Court notes that, unlike other cases that have involved pharmaceutical products, the petitioner did not file an expert report establishing that the symptoms were connected with discontinuation of treatment.



As for the appearance of right in regard to the other members of the group, the Court notes the failure to allege sufficient facts purporting to support that other members of the group suffered symptoms related to discontinuation of PAXIL. Indeed, the petitioner based her proceedings solely on a list of individuals who she says signed up on her attorneys' website, and on Internet articles and documents originating from U.S. or British sources. The Court finds that her attorneys' website does not in itself constitute evidence, without an explanation of the context, and that even taking the foreign references as proven, they would not suffice to establish GSK's civil liability toward members in Canada for failure to disclose, in the CPS in Canada, risks associated with discontinuation of treatment with PAXIL