Seroxat / Paxil Canada - Court refuses Class Action

This is the first Quebec case in which the Court has refused to authorize a class action involving a pharmaceutical product. It acknowledges that the class action is a procedural vehicle that should only be authorized where all the elements giving rise to civil liability can be established on a collective basis, namely, fault, prejudice and a causal connection between the two. In addition, it underscores the fact that while hearsay evidence may be admissible in connection with the test set out in article 1003 (b) C.C.P., the petitioner will nevertheless have to demonstrate a serious appearance of right. Lastly, contrary to certain decisions that appeared to suggest that the test in article 1003 (d) C.C.P. could be easily met, this decision advocates a more restrictive and rigorous approach to that test.


http://www.mondaq.com/article.asp?articleid=85070