OxyContin & OxyNEO
The parties have reached an agreement to settle multiple proposed class actions commenced across Canada relating to addiction-related harms allegedly caused by the drugs, OxyContin® and OxyNEO®. The settlement agreement is conditional on it being approved by the courts of Ontario, Nova Scotia, Quebec and Saskatchewan.
If the proposed national settlement agreement is approved, a notice describing the process for submitting claims for compensation will be distributed.
Update – November 26, 2019
We appeared before the Honourable Chief Justice M.D. Popescul of the Saskatchewan Court of Queen’s Bench on September 4 and 5, 2019, to provide oral arguments on various preliminary issues. The issues had to be addressed before the parties could continue with the application to obtain court approval of the settlement agreement. On October 31, 2019, the decision on the preliminary issues was released. The decision may be viewed under the Court Documents tab.
We are pleased to report that we were successful on all issues before the Court, with the result being that (1) we may file further evidence in an effort to satisfy the Court that the settlement should be approved, and (2) the reapplication for judicial approval of the Settlement Agreement may be set down for hearing at the first reasonable opportunity. For clarity, the settlement has not yet been approved in Saskatchewan; however, the decision provides a further opportunity to seek approval of the settlement by way of another hearing in Court. The settlement was previously approved in Nova Scotia, Quebec and Ontario.
Recently, the Purdue companies in the United States have declared bankruptcy, which has introduced a further obstacle to obtaining settlement approval from the Saskatchewan Court. On September 19, 2019, the Ontario Superior Court of Justice recognized a stay of proceedings against the US Purdue companies and a motion to extend the stay motion to Canadian Purdue entities is expected to be heard by a judge of the Ontario Superior Court of Justice on November 28, 2019.
If granted, the effect of staying the actions in Canada against Purdue means that any further legal process in any Canadian actions against Purdue would be halted, unless and until the stay is lifted by a judge. We are continuing to monitor the situation, and after the November 28, 2019 hearing, will be considering what options are available to try to have the settlement approved by the Saskatchewan Court.
A further update will be provided as events warrant.
Update – August 28, 2017
The third of the four approval motions was held in Quebec on August 9, 2017.
We are pleased to advise all class members that the Quebec court has approved the Settlement Agreement.
A copy of the Quebec Settlement Approval Orders, issued on August 21, 2017, may be found under the Court Documents tab.
The remaining motion in Saskatchewan occurred on August 24, 2017. Once the Saskatchewan Court renders its decision, we will update this News tab and the issued Order will be included under the Court Documents tab.
Update – August 8, 2017
Please see the Court Documents tab for updated Notices to the Class which corrects the error in the original Notice concerning the address for the Court in Quebec.
Update – August 2, 2017
The second of the four approval motions was held in Nova Scotia on August 1, 2017.
We are pleased to advise all class members that the Nova Scotia court has approved the Settlement Agreement.
A copy of the Nova Scotia Settlement Approval Order, issued on August 2, 2017, may be found under the Court Documents tab.
The remaining motions in Quebec and Saskatchewan will occur on August 9 and 24, 2017. As each Court renders its decision, we will update this News tab and any issued Orders will be included under the Court Documents tab.
Update – July 20, 2017
The first of the four approval motions was held in Ontario on July 18, 2017.
We are pleased to advise all class members that the Ontario court has approved the Settlement Agreement.
A copy of the Ontario Settlement Approval Order, issued on July 20, 2017, may be found under the Court Documents tab.
The remaining motions in Nova Scotia, Quebec and Saskatchewan will occur over the next month. As each Court renders its decision, we will update this News tab and any issued Orders will be included under the Court Documents tab.
Update – March 9, 2016
All briefs and submissions with respect to the Plaintiffs’ Motion for Certification in Ontario have now been exchanged by the parties.
The hearing of the motion will take place in the Ontario Superior Court of Justice on April 4, 5 & 6, 2016.
Update – February 10, 2016
We have worked with Counsel for the Defendants to find suitable dates for the filing of the materials with respect to the Plaintiffs’ motion for certification which is scheduled for October 17 & 18, 2016.
The following schedule has been agreed to by all parties:
- April 29, 2016 – Plaintiffs’ common issues due
- June 10, 2016 – Defendants’ affidavits due
- July 29, 2016 – Cross-examinations must be complete
- August 26, 2016 – Plaintiffs’ brief due
- September 30, 2016 – Defendants’ briefs due
- October 7, 2016 – Plaintiffs’ reply brief, if any, due
Update – February 1, 2016
We have received correspondence from the Honourable Justice John Murphy confirming that the Plaintiffs’ motion for certification will be heard on October 17 & 18, 2016 in the Supreme Court of Nova Scotia.
Update – January 20, 2016
Correspondence was received on today’s date from the Honourable Justice Murphy wherein he has agreed with the suggestion that the Nova Scotia motion for certification be adjourned until August 2016 or shortly thereafter.
Justice Murphy will provide all counsel with new dates for the motion to certify this matter as a class action.
Update – January 12, 2016
Agreements have been reached with Defendants’ counsel on a number of issues concerning the proceedings in Ontario and Nova Scotia.
As a result of the agreements and the narrowing of the issues in both jurisdictions, all counsel have agreed to revised dates for the certification motions.
The certification motion in Ontario has been rescheduled to April 4, 5 & 6, 2016 before the Honourable Justice Belobaba of the Ontario Superior Court.
A letter will also be sent to the Honourable Justice Murphy of the Nova Scotia Supreme Court advising of the arrangements and requesting that the certification motion, currently scheduled for May 30 & 31, 2016 be adjourned to August 2016 or shortly thereafter.
Update – January 8, 2016
All parties have now provided their responses to the undertakings given at the cross examinations which were held in December 2015 in Ontario.
Efforts are also continuing to narrow the issues concerning the certification motion scheduled for February 2, 3 & 4, 2016.
Update – January 5, 2016
Along with our co-counsel team in Ontario, we are in discussions with counsel for the Defendants in an effort to narrow and focus the issues with respect to the upcoming certification motion scheduled for February 2, 3 & 4, 2016 in Ontario.
Update – December 18, 2015
The cross examinations with respect to the Ontario proceeding have now been concluded. Numerous undertakings which arose from the cross exams must be answered and fulfilled.
Both counsel for the Plaintiffs and counsel for the Defendants are now obtaining the information to respond to the various undertakings.
Update – November 26, 2015
All parties are currently involved in cross examinations concerning the affidavits filed by both parties in Ontario with respect to the motion for certification.
There will be further cross exams taking place over the next week or so in Ontario.
Update – November 10, 2015
Our co-counsel in Ontario has provided the Defendants with three sworn affidavits from two of our experts concerning the response to the certification materials and evidence filed by the Defendants.
Update – November 2, 2015
The Defendants in the Ontario proceeding have provided their response to the materials and evidence we filed with respect to the certification motion scheduled for February 2016.
The materials supplied by the Defendants are being reviewed and we will make a determination as to whether any supplemental response(s) from our experts will be necessary.
Update – September 25, 2015
We filed a further sworn affidavit from one of our experts today with respect to the Nova Scotia proceeding.
In Ontario, work is continuing to secure dates and schedule the cross examinations on the affidavits that have been filed in that proceeding.
Update – September 1, 2015
We are working with our co-counsel in Ontario to secure dates with Counsel for the defendants for the cross examinations of the experts and plaintiffs in Toronto.
Update – August 26, 2015
The Order allowing for the amended claim to be filed with the Supreme Court of Nova Scotia has been signed by Justice Murphy.
We have proceeded to file the Plaintiffs’ 2nd Amended Statement of Claim with the Law Courts in Halifax.
Copies of the Order and amended claim are available for viewing under the Court Documents tab.
Update – August 21, 2015
On today’s date, Wagners sent correspondence to the Honourable Justice John D. Murphy enclosing the Order consented to by all parties which allows for the amendments to the Plaintiffs’ Statement of Claim.
Once the Order has been signed by the Judge, the amended claim will be filed with the Supreme Court of Nova Scotia.
Update – July 31, 2015
On today’s date, Wagners delivered sworn affidavits to the Supreme Court of Nova Scotia to meet Justice Murphy’s deadline for perfecting the certification record.
In addition, we have sent a consent Order attaching the proposed amendments to the Statement of Claim.to Counsel for the Purdue Pharma defendants.
Once the consent has been obtained from the defendants, the Order will be sent to Justice Murphy for his signature and thereafter the amended claim documents will be filed with the Supreme Court of Nova Scotia.
Update – July 24, 2015
We continue to work towards perfecting our certification motion materials which are to be filed with the Court in Nova Scotia.
As a result of Justice Murphy’s Order of July 6 2015, the parties are continuing to make efforts to narrow a number of issues prior to the scheduled motion on August 26, 2015.
Update – July 16, 2015
We are refining the Nova Scotia Statement of Claim and intend to file a new version of the document shortly.
Once the new claim has been filed, it will be available under the Court Documents tab.
Update – July 6, 2015
The Order of the Honourable Justice John Murphy concerning the motions to stay or dismiss the Nova Scotia proceeding is available for viewing under the Court Documents tab.
Justice Murphy has ordered that the parties proceed towards the certification motion in Nova Scotia and has assigned the dates of May 30 & 31, 2016 for the hearing of the motion.
Update – June 2, 2015
Wagners filed its response materials to the Defendants’ motion seeking a permanent stay or dismissal of the Nova Scotia proceeding.
The filed materials may be viewed under the Court Documents tab.
Update – May 26, 2015
On today’s date we received the Defendants’ motion documents concerning their intention to obtain a permanent stay or dismissal of the Nova Scotia proceeding.
The filed materials may be viewed under the Court Documents tab.
Update – April 30, 2015
Counsel for all parties participated in the Case Management Confrerence call before Justice Belobaba of the Ontario Superior Court on today’s date.
His Lordship scheduled the dates of February 2, 3 & 4, 2016 for the hearing of the Plaintiffs’ motion to certify the Ontario proceeding as a class action.
Update – April 27, 2015
Efforts are being made to resolve the outstanding issues concerning the production, examination and strike evidence motions filed by the Canadian Purdue Defendants with respect to the Ontario proceeding.
In late afternoon final agreements were reached with opposing counsel and the Defendants’ motion for production, examinations and striking evidence, scheduled to be heard before the Honourable Justice Belobaba on April 30, 2015 is no longer necessary. In its place, all Counsel will appear before His Lordship for a Case Management Conference call.
Update – April 21, 2015
A Case Management Conference was held today between all Counsel and Justice John Murphy of the Nova Scotia Supreme Court.
Justice Murphy discussed the dual motions to stay the proceeding in Nova Scotia.
It was decided that the motions scheduled for hearing on April 22, 2015 will be adjourned and are rescheduled for hearing on June 10, 2015.
Justice Murphy also set down a schedule for the filing of the Canadian Purdue Defendants’ materials with respect to their motion to permanently stay or dismiss the Nova Scotia action. The filing schedule is as follows:
- May 26, 2015 – Purdue Canada motion documents due
- June 2, 2015 – Plaintiffs’ response due
- June 4, 2015 – Purdue Canada rebuttal due
Update – April 17, 2015
On today’s date, Wagners filed its rebuttal materials in reply to the Defendants’ response concerning our motion to temporarily stay the Nova Scotia proceeding.
Copies of the filed materials may be viewed under the Court Documents tab.
Update – April 16, 2015
Counsel for the Defendants in Ontario have sent further correspondence to discuss and streamline the issues with respect to its motion.
Later in the afternoon all Counsel held a conference call to further discuss the motions. Progress is being made on refining the outstanding issues.
Update – April 13, 2015
We have received correspondence enclosing a Notice of Motion from Counsel for the Canadian Purdue Defendants in Nova Scotia. The Defendants are seeking a permanent stay or dismissal of the Nova Scotia proceeding. They have set their motion to be heard on the same date of April 22nd as the Plaintiffs’ motion for a temporary stay. The Defendants have also requested a conference call with Justice Murphy prior to the April 22, 2015 motions date.
The Notice of Motion may be viewed under the Court Documents tab.
Update – April 8, 2015
Ray Wagner and Madeleine Carter met with our co-counsel today in Ontario to discuss the upcoming motions filed by the Defendants in both Ontario and Nova Scotia.
It was resolved that efforts will continue to refine the scope of the Defendants’ motions and dialogue will continue in both Ontario and Nova Scotia with respect to same.
Update – April 1, 2015
Counsel for the Defendants in Ontario provided an Amended Notice of Motion and Affidavit concerning their motion for production, examinations and striking evidence.
The materials may be viewed under the Court Documents tab.
Update – March 27, 2015
On today’s date, the materials concerning our motion to seek a temporary stay of the Nova Scotia proceedings were filed.
The filings are available for viewing under the Court Documents tab.
Update – March 25, 2015
Further to the Case Management Conference before Justice Murphy of the Nova Scotia Supreme Court held on March 24th, His Lordship heard all Counsel concerning the various procedural matters before the Court.
Justice Murphy has adjourned the Defendants’ motion for production, examinations and striking of evidence which was scheduled for April 22, 2015.
In its place, the Plaintiffs’ motion to seek a temporary stay of the Nova Scotia proceedings will be heard. Filing dates for the parties’ materials were also scheduled.
Update – March 16, 2015
Correspondence was received today from Defendants’ Counsel in the Ontario proceeding. Efforts continue to refine the issues concerning the Defendants’ intention to proceed with their motions.
Update – March 13, 2015
The Honourable Justice Murphy has scheduled the date of March 24, 2015 for all Counsel to participate in a Case Management Conference.
Update – March 12, 2015
The Defendants have responded to our correspondence of March 11th and have indicated that they do not consent to a temporary stay of the Nova Scotia proceedings. The Defendants intend to proceed with their motion as scheduled on April 22, 2015.
In response to this letter from the Defendants, we sent correspondence to Justice Murphy today wherein we indicated that we will seek to stay the Nova Scotia proceedings in favour of Ontario. As the Defendants do not wish to consent, we will proceed by way of motion.
Update – March 11, 2015
After discussions with our co-counsel concerning the recent efforts made by the Defendants to strike evidence, compel production of medical records and compel the representative plaintiffs and their general practitioners to be examined at discovery, it has been deemed appropriate at this time to seek a temporary stay of the Nova Scotia proceedings with a view to proceeding with the national class action through the Ontario Courts.
On today’s date we sent correspondence to Counsel for the Defendants in the Nova Scotia proceeding to ask if they consent to our seeking a temporary stay of the Nova Scotia proceedings pending the outcome of the Ontario proceedings.
Update – March 6, 2015
A conference call was held with opposing counsel today to discuss the contents of a letter that the parties wish to send to Justice Belobaba of the Ontario Superior Court.
Update – March 5, 2015
A further conference call with our co-counsel was held on today’s date to deal with issues and concerns surrounding the Defendants’ motion to strike evidence, compel discovery examinations and produce medical records.
Update – February 18, 2015
A conference call with all counsel was held today to continue the discussion and to make further efforts to refine the scope of the Defendants’ pre-certification motion.
Update – January 22, 2015
Counsel appeared before the Honourable Justice John Murphy today for the scheduled Case Management Conference.
A filing schedule concerning the Defendants’ motion (see December 8, 2014 news update) was confirmed, as follows:
- March 27, 2015 – Purdue Canada motion materials
- April 10, 2015 – Plaintiffs’ response materials
Update – January 19, 2015
The Ontario motion filed by the Defendants will now proceed on April 30, 2015.
Update – January 16, 2015
A conference call was held today with opposing counsel with respect to making further efforts and continuing with dialogue to narrow the issues concerning the Defendants’ motion filed in Ontario.
An agreement was reached which will allow the Defendants’ motion, scheduled to be heard on February 11, 2015 before Justice Belobaba of the Ontario Court, to be adjourned to a later date.
Update – December 15, 2014
We have been advised by the Supreme Court of Nova Scotia that Justice Murphy has scheduled the date of April 22, 2015 for the hearing of the Defendants’ motion.
Update – December 11, 2014
We received correspondence from Justice Murphy today in response to the Canadian Purdue Defendants’ letter and Notice of Motion. His Lordship suggested that dates for the Defendants’ motion be scheduled.
Update – December 8, 2014
On today’s date we received correspondence from the Canadian Purdue Defendants enclosing a Notice of Motion wherein those Defendants seek:
i) the production of medical and pharmaceutical records and information of the Plaintiffs relevant to the class certification issues;
ii) permitting an examination of the physicians who first prescribed OxyContin tablets to each of the Representative Plaintiffs as well as examination of the Plaintiffs; and
iii) striking portions of and exhibits to the Affidavit of Michael Dull.
Update – November 28, 2014
Justice Murphy has scheduled January 22, 2015 for the next Case Management Conference in Nova Scotia.
Update – November 26, 2014
Correspondence has been sent to Justice Murphy of the Supreme Court of Nova Scotia to advise him of all Counsels’ available dates for the conference in January 2015.
Update – November 24, 2014
We received correspondence today from Justice Murphy of the Nova Scotia Supreme Court suggesting dates in late January 2015 for the next Case Management Conference.
Update – November 18, 2014
A conference call was held with our co-counsel in Ontario to further discuss initiatives and courses of action concerning the furtherance of the class action in Ontario and Nova Scotia.
Update – November 3, 2014
The Case Management Conference scheduled for November 4, 2014 in the Nova Scotia Supreme Court has been adjourned to allow discussions between counsel to continue.
Update – October 3, 2014
A Case Management Conference has been scheduled concerning the Nova Scotia proceedings. The CMC will take place on November 4, 2014.
Our co-counsel in Ontario have sent the Ontario certification motion documents to the Ontario Superior Court and to counsel for the Defendants.
Update – September 30, 2014
We continue in our efforts to work out a compromise with counsel for the Canadian Purdue Defendants with respect to amending the claim, production and examinations in Nova Scotia.
We have been advised by counsel for the US Purdue Defendants that they will not make a motion to challenge jurisdiction.
Update – September 4, 2014
Dialogue continues with opposing counsel concerning our proposed amendments to the Nova Scotia statement of claim and their position requesting medical records production and discovery examinations.
Update – August 29, 2014
On today’s date we filed our motion for certification documents with the Supreme Court of Nova Scotia.
The documents are available for viewing under the Court Documents tab.
Update – August 26, 2014
Work continues on the Ontario motion for certification documents. Once all documents are completed, they will be filed with the Ontario Superior Court and provided to opposing counsel.
Update – August 22, 2014
Counsel for the Canadian Purdue Defendants sent correspondence today concerning their request for production of medical records. We have sent correspondence in reply asking them to clarify the request given similar requests were made in 2009.
Update – August 8, 2014
We have sent our proposed 2nd Amended Statement of Claim with respect to the Nova Scotia proceeding to opposing counsel. We have requested their consent to file the amended version of the claim with the Nova Scotia Supreme Court.
Update – August 5, 2014
We are having discussions with Nova Scotia counsel for the Canadian Purdue entities in an effort to find common ground on amendments that we wish to make to our statement of claim.
Update – July 25, 2014
The Ontario version of the solicitor’s affidavit and the exhibits to same have now been fully finalized. Michael Dull has sworn to the affidavit and it has been sent to our co-counsel in Ontario for filing with the certification motion documents.
Update – July 8, 2014
After discussions amongst our counsel team it has been determined that in addition to filing our documents concerning the certification motion in Ontario, we will also seek certification of the class action in Nova Scotia as well. Work has commenced on the necessary documents to be filed in Nova Scotia.
The decision to proceed in both Nova Scotia and Ontario was made for strategic reasons.
Update – July 4, 2014
Counsel for the US Purdue Defendants have advised us that while they do not attorn themselves to the jurisdiction of Nova Scotia, they intend to participate in the Case Management Conference.
Update – July 2, 2014
The initial final draft of the revised and reworked solicitor’s affidavit has been completed. Efforts are being made to hold a conference call with our team to finalize the certification documents.
Update – June 26, 2014
The final work on the solicitor’s affidavit is near completion. We also held a conference call with our counsel team to finalize our go forward strategy to move the case along as expeditiously as possible.
Update – May 27, 2014
Further revisions to the solicitor’s affidavit have been effected and the document comprising approximately 1,500 pages has been sent to our co-counsel in Ontario for further review and comments.
Update – May 14, 2014
The date for all counsel to appear before Justice Murphy at the Case Management Conference has been scheduled. The conference will be held on July 8, 2014.
Update – May 9, 2014
We have heard from Justice Murphy with respect to dates for a Case Management Conference. A date will be scheduled shortly.
Update – April 15, 2014
Further work and research is being carried out to ensure all information contained in the affidavit as well as the exhibits are appropriate.
Update – March 25, 2014
We have been advised by the Nova Scotia Supreme Court that the Honourable Justice John Murphy will case manage the Nova Scotia OxyContin proceedings in the place of Justice Boudreau.
Update – March 18, 2014
The initial redrafting of the solicitor’s affidavit has been completed and is in the process of review by Ontario co-counsel.
Update – March 13, 2014
A request has been made to Nova Scotia Supreme Court that consideration be given to the Honourable Justice Murphy being assigned as case management judge due to his previous involvement on the file during the motions heard in 2009.
Update – March 12, 2014
The Honourable Justice Boudreau has been assigned to case manage the Nova Scotia proceedings. We have requested a Case Management Conference with Her Ladyship.
Update – February 25, 2014
Correspondence was sent today to the Nova Scotia Supreme Court wherein we requested that a judge be assigned to case manage the Nova Scotia proceedings.
Update – February 20, 2014
Work has commenced on the solicitor’s affidavit to include new evidence as well as to revise the contents in an effort to ensure that all relevant and necessary evidence is contained therein.
Update – February 5, 2014
Further discussions with our counsel team concerning the finalization of the motion documents and the need to revise and update the solicitor’s affidavit.
Update – January 31, 2014
The original solicitor’s affidavit, filed in 2011 with the Ontario Courts, is being reviewed to determine if any amendments or inclusion of new evidence is required.
Update – January 29, 2014
The entire counsel team participated in a conference call today to discuss strategy and options to proceed with the class actions. Discussions also concerned the experts and their reports as well as whether any further experts or additional evidence may be required. The three experts have now sworn their affidavits.
Update – January 7, 2014
We received an addendum from our third expert to supplement his recent report. We are now in the process of drafting affidavits for the three experts to swear. The affidavits will be filed with the other certification motion documents in Ontario once all necessary work has been completed.
Update – December 11, 2013
After the co-counsel team meeting in Toronto on December 3, 2013, we obtained additional information and we have provided this to the third expert so that he may evaluate and amend his expert report, if required.
Update – December 2, 2013
We recently received the third and final expert report. Ray Wagner will be travelling to Toronto to meet with our co-counsel team to discuss, with a view to finalizing, the motion documents and evidence for filing with the Ontario Courts.
Update – October 10, 2013
Further important information was located and we have provided this information to our final expert so that he may incorporate and revise his expert report to take the new information into account.
Update – October 1, 2013
Final research is being carried out to ascertain if any new information may exist which could be used to assist us as we prepare to finalize our motion materials for filing with the Ontario Courts.
Update – August 21, 2013
Recently, counsel for the US Purdue entities have advised that they will not seek to file a motion in Ontario to determine if the Canadian Court has jurisdiction over the US companies.
Update – August 19, 2013
All members of our counsel team participated in a group conference call today to discuss the impending finalization of our revised certification motion materials and expert evidence.
Update – August 2, 2013
Our counsel team has spoken with and identified another further expert who may be able to assist with our motion for certification.
Update – July 15, 2013
We have now retained a third expert whom will provide us with an expert report concerning the formulation of OxyContin and the effect it has on users taking the medication.
Update – July 2, 2013
Two of our experts have now provided us with their updated expert reports to be used during the motion for certification. Work continues on identifying and utilizing a third expert to provide a further report.
Update – June 4, 2013
We have identified a further expert who we expect to speak with in the near future to discuss the possibility of retaining him for the purposes of providing a further expert opinion to be used at the certification motion.
Update – May 15, 2013
Efforts are continuing on the amendments to the claim and certification motion documents. We continue to deal with various experts which will assist us in the certification motion phase of the proceedings.
Update – April 18, 2013
Ray Wagner is presently involved in meetings in Toronto with our co-counsel and experts in an effort to continue to work on the refinements and amendments that are required.
Update – April 4, 2013
Further discussions with our co-counsel remain ongoing. Efforts are being made to refine our documents and filed materials in an effort to avoid or lessen the impact of the Defendants’ position that they intend to file preliminary motions seeking to strike some of our evidence and to force disclosure of medical records and compel discovery examinations.
Update – March 26, 2013
Our counsel team held a conference call today to further discuss the amendments required to the Statement of Claim as well as the obtaining of further evidence. Further refinements to the amended claim is being made.
Work will also be carried out with respect to the experts that we have retained.
Update – March 13, 2013
Our counsel team in Ontario are working on amendments to the Statement of Claim. Once the claim has been amended and finalized, we will seek to have it filed in the Ontario Courts.
Update – February 28, 2013
We are in the process, along with our counsel team, of finalizing the new expert information for filing with the Ontario Superior Court. Once the documents have been filed, new dates for the Plaintiffs’ motion for certification will be requested.
Update – December 7, 2012
Our Counsel team are presently involved with securing further expert evidence for use at the certification hearing. The Certification Motion, which was previously scheduled to be heard in the Ontario Superior Court on December 10-13, 2012, has been postponed to allow the Plaintiffs time to file the new evidence.
Once the new information has been filed with the Court, copies of the documents may be viewed under the Court Documents tab.
Update – March 14, 2012
The Defendants’ motions to strike the affidavit of Matthew Baer and to obtain an Order for cross-examinations which was originally scheduled to be heard on December 12, 2011 in Ontario have been adjourned to a future date. Our Counsel team are working with counsel for the Defendants in an effort to narrow the scope and resolve some of the issues pertaining to the motions that the Defendants intend to bring.
The CBC TV show, The Fifth Estate, aired a documentary called Time Bomb on Friday evening, March 9, 2012. The documentary dealt with the marketing practices of Purdue Pharma in relation to OxyContin. The show is available for viewing online and we recommend that our Class Members view the show by going to this link: http://www.cbc.ca/fifth.
Update – March 7, 2012
The Order of the Honourable Justice George Strathy of the Ontario Courts dated December 24, 2011 is available for viewing under the Court Documents tab.
Update – November 15, 2011
The Ontario Superior Court has scheduled the dates of December 10-13, 2012 for the hearing of the Plaintiffs’ Motion to obtain an Order certifying the class proceeding as a National class action. When the Defendants file their reply documents in response to our Motion, they will be made available under the Court Documents tab.
The Defendants’ Motions to strike the affidavit of Matthew Baer and to obtain an Order for cross-examinations will be heard on December 12, 2011.
We will continue to update this website as events warrant.
Update – August 11, 2011
Wagners Law Firm of Halifax, Nova Scotia in cooperation with Ches Crosbie Barristers of St. John’s, NL, Docken and Company of Calgary, AB, Rochon Genova LLP of Toronto, ON, Siskinds LLP of London, ON and Sutts Strosberg LLP of Toronto, ON wish to advise all present and potential Class Members in Canada that, after a number of years of diligent research and investigations by Wagners and the other firms noted above, we are now proceeding with the OxyContin class action litigation.
We can advise that on Monday, July 25, 2011, Siskinds LLP, on behalf of the firms, delivered to the Ontario Court and served on counsel for the Defendants the Plaintiffs’ Motion Record to obtain an Order certifying the class proceeding as a National class action. The Court will assign dates for the hearing of the certification arguments in due course.
The Documents may be viewed under the Court Documents tab. Please read the Notice of Motion for particulars about the motion.
We will post the date of the motion on this news page once it has been provided by the Ontario Superior Court.
Update – July 25, 2011
We expect to make an announcement in the coming days with respect to the proposed class proceeding. Although significant updates have not been provided for some time, we wish to advise all of our Class Members that efforts have been carried out over the last year and the litigation will soon proceed accordingly and the reason for the lack of updates will become apparent.
Update – June 22, 2011
We expect to proceed with the litigation and the process of filing the Motion for Certification of the class proceeding in the next month or two. We thank all Class Members for their patience over the last year while we carried out our initiatives to strengthen and perfect our case. When we proceed, in the very near future, relevant updates will be posted here and the latest filings will be available for viewing under the Court Documents tab.
Update – August 13, 2010
Our appeal to the Nova Scotia Court of Appeal was rejected. We are now focusing our efforts on perfecting our strategy to proceed with the litigation on a more expedient basis. We have proceeded with various initiatives over the course of the last year and hope to provide a detailed report and update to all putative Class Members in the early fall of 2010.
Update – July 9, 2009
We sought to transfer the 2007 proceedings of the ex juris Representative Plaintiffs, which had been dismissed from Nova Scotia for not having a real and substantial connection to this province, to the courts of their respective home residences. In making our motion, we sought to protect potential Class Members from potential further limitation period defences.
Our request was denied. The judge agreed that he had the constitutional authority to make the request but used his inherent discretion to deny it. He found it relevant that there were already parallel actions started by the ex juris Representative Plaintiffs on April 29, 30 and May 1, 2009 in NL, NB and PEI respectively. He stated that before using his discretion to transfer, he would have to be convinced of the strong potential that limitation periods would expire, not merely the possibility.
Purdue also made a motion for the production of the complete medical records of our Representative Plaintiffs. We argued that production was premature, given that defences had not yet been filed and that, until certification, this is only a potential class action. We argued that the contents of the medical records were irrelevant to whether it was procedurally appropriate for this proceeding to be certified as a class proceeding. The judge agreed, finding the broad request unnecessary to addressing the statutory criteria a court will examine at a certification hearing. No records will thus be produced until after the certification hearing.
Update – July 6, 2009
Counsel for the Defendants, Purdue, filed a motion to strike the naming of individuals from outside Nova Scotia as Representative Plaintiffs in our Statement of Claim. Purdue argued that these individuals had no connection to Nova Scotia. We argued that these individuals shared a connection to the common issues of the class proceeding in Nova Scotia.
The Court ruled in favour of the Defendants and stated that we were not permitted to name individuals who did not reside in Nova Scotia as Representative Plaintiffs. Statements of Claims have now been filed in Newfoundland and Labrador, New Brunswick and Prince Edward Island with these individuals named as Representative Plaintiffs. We will also be seeking to transfer their claims, retroactive to when we first commenced the proceeding in September 2007, to these individuals’ respective province of residency.
While the Court ruled that these individuals could not be named in the actual pleading as representatives, non-Nova Scotian residents will still form part of the Class of injured people in the proposed class action. At this point in time the recent decision has no effect on those individuals who reside in provinces other than Nova Scotia and who have signed on to be considered as a proposed Class Member.
We will be contacting all of our Class Members in the future once we have determined our next course of action.
The following documents concerning the class action which Wagners has filed in relation to the serious problems and side effects related to the ingestion of the medication OxyContin are available for viewing in PDF format:
- October 31, 2019 – SK Decision of CJ Popescul
- August 21, 2017 – QC Settlement Approval Order (Modification)
- August 21, 2017 – QC Settlement Approval Order
- OxyContin Notice (Corrects Quebec Court Address)
- OxyContin Long Form Notice (Corrects Quebec Court Address)
- August 2, 2017 – NS Settlement Approval Order
- July 20, 2017 – ONT Settlement Approval Order
- OxyContin Short Notice
- OxyContin Settlement Agreement
- August 26, 2015 – 2nd Fresh Amended Statement of Claim
- August 28, 2014 – 2nd Fresh Amended Statement of Claim (ONT)
- July 9, 2010 – Amended Appeal Order re: Ex-Juris Claims
- July 7, 2010 – Appeal Decision re: Ex-Juris Claims
- May 1, 2009 – Statement of Claim (PEI)
- April 30, 2009 – Statement of Claim (NB)
- April 29, 2009 – Statement of Claim (NL)
- December 5, 2007 – Amended Statement of Claim
- September 26, 2007 – Notice of Action & Statement of Claim