UPDATE - SEPTEMBER 23, 2015
Counsel appeared before the Honourable Justice Michael Wood for four days last week for the hearing of the Plaintiffs' motion for certification.
Justice Wood has reserved his decision. Once release this page will be updated and a copy of the decision will be available for viewing on the Court Documents page.
UPDATE - SEPTEMBER 15, 2015
The Plaintiffs' motion for certification, which commences today, will be live streamed at the Nova Scotia Courts website.
Interested persons may view the proceedings at:
UPDATE - SEPTEMBER 4, 2015
The Plaintiffs' motion for certification of the proposed class proceeding as a class action is scheduled for September 15 - 18, 2015 in the Nova Scotia Supreme Court in Halifax. Documentation pertaining to the motion for certification can be viewed on the Avandia Court Documents page.
UPDATE - MAY 26, 2015
A case management conference was held today before the Honourable Justice Wood. The following dates have been scheduled for the filing of the Briefs with respect to the certification motion scheduled for hearing over 4 days, from September 15 to 18, 2015:
- July 3, 2015 - Applicant's pre-hearing brief
- August 7, 2015 - Respondent's pre-hearing brief
- August 21, 2015 - Applicant's reply brief (if any)
Justice Wood also ordered that if there are any evidentiary objections to the admissibility of the evidence which has been filed, any objections must be raised no later than June 30, 2015.
UPDATE - APRIL 27, 2015
All Counsel are in the process of scheduling dates for examinations of the experts who have provided affidavits regarding certification concerning the Avandia class action.
UPDATE - MARCH 27, 2015
We reeceived copies of three affidavits filed by the Defendants with respect to certification.
The affidavits may be viewed on the Court Documents page.
UPDATE - FEBRUARY 25, 2015
We filed our motion documents with the Supreme Court of Nova Scotia today with respect to amending the Statement of Claim.
The documents may be viewed on the Court Documents page.
UPDATE - JANUARY 29, 2015
The case management conference before Justice Wood was held on January 28th via conference call.
Issues concerning amendments to the Statement of Claim and certification evidence were discussed.
Justice Wood scheduled the date of March 12, 2015 for the hearing of the Plaintiff`s motion to amend the Statement of Claim should an agreement with the Defendants not be reached. Various filing deadlines were scheduled.
The deadline for the filing of the Defendants evidentiary record on certification is March 27, 2015, with discovery examinations to be completed by May 22, 2015.
UPDATE - JANUARY 20, 2015
The Defendants' have sent correspondence to the Court requesting that a date be scheduled for a case management conference before Justice Wood.
UPDATE - JANUARY 14, 2015
The Defendants will be filing their response to the Plaintiffs' certification documents in the near future with respect to the Avandia class action.
Copies of the Plaintiffs' certification documents may be found on the Court Documents page. Copies of the Defendants' materials will also be uploaded once they have been received.
UPDATE - JULY 15, 2014
On May 21, 2014, Counsel appeared before Justice Wood for the hearing of the Defendants' motions to strike out an affidavit exhibit and to have the Representative Plaintiffs disclose medical records.
On July 9, 2014, Justice Wood released his decision in favour of the Defendants. A copy of the decision and other documents pertaining to the motions may be found on the Court Documents page.
UPDATE - JANUARY 20, 2014
On January 8, 2014, a further case management conference call was held before Justice Wood.
At that time, dates were assigned for preliminary motions which are scheduled for May 21, 2014. A schedule of the filing timelines was also arranged as follows:
March 21, 2014 - Notice of Motions and Submissions
April 11, 2014 - Reply Submissions
April 25, 2014 - Rebuttal Submissions
At present it is undetermined what the particulars of the motions or what their scope may be.
Once documents are filed by either party, they will be posted on the Court Documents page.
UPDATE - NOVEMBER 7, 2013
A case management conference call was held before the Honourable Justice Michael Wood on November 1, 2013 to discuss the Nova Scotia proceedings as well as proceedings in other Provinces of Canada. Counsel for the Defendants was also involved in the call.
We will be reappearing before Justice Wood on January 8, 2014 for a further case management conference call.
UPDATE - AUGUST 21, 2013
A Justice with the Supreme Court of Newfoundland and Labrador has been assigned to case manage the NL proceedings. A copy of the Order may be found on the Court Documents page.
UPDATE - JUNE 20, 2013
We filed a Statement of Claim in the Province of New Brunswick on today's date. A copy of the pleading may be found on the Court Documents page.
UPDATE - MAY 16, 2013
We filed a Statement of Claim in the Province of Prince Edward Island on today's date. A copy of the pleading may be found on the Court Documents page.
UPDATE - MAY 10, 2013
We filed a Statement of Claim in the Province of Newfoundland and Labrador on today's date. A copy of the pleading may be found on the Court Documents page.
UPDATE - DECEMBER 5, 2012
We understand that Ontario Counsel are in the process of obtaining expert reports for certification purposes.
UPDATE - MARCH 7, 2012
We are continuing our efforts to develop our certification motion documents.
UPDATE - FEBRUARY 13, 2012
The litigation concerning this medication remains ongoing. Procedurally, the next process in the proceeding will be to file our documentation so that we may obtain a date for the hearing of our motion to certify the proceeding as a class action. All proposed class proceedings must be certified by the Court if they are to proceed as a class action. If we are successfully certified, then the case will continue in accordance with the Nova Scotia Class Proceedings Act.
Copies of our certification motion documents will be made available on the Court Documents page once they have been filed with the Court.
UPDATE - JULY 27, 2010
An Amended Statement of Claim was filed with the Nova Scotia Supreme Court today. You may view the pleading here.
UPDATE - AUGUST 18, 2009
Wagners commenced a proposed class proceeding on behalf of individuals affected by the use of the Avandia medication. Read the Press Release here.
UPDATE - JUNE 30, 2009
Wagners is continuing to explore the potential of commencing a proposed class proceeding with respect to the adverse effects of Avandia.