Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
30920
Bayer Inc. v. Jean Pardy, et al.
(Newfoundland & Labrador) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-11-25 | Close file on Leave | |
| 2005-11-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-11-14 | Judgment on leave sent to the parties | |
| 2005-11-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Number 04/83, 2005 NLCA 20, dated March 8, 2005, is dismissed with costs. Dismissed, with costs |
|
| 2005-09-01 | Correspondence received from, Mr. Chesley Crosbie re: oppose to have the application delayed (sent to bench Sept. 12/05) | Jean Pardy |
| 2005-08-31 | Correspondence received from, P. J. Cavanagh (by fax) re: to defer its decision until after new application for leave is filed and be considered at the same time (sent to bench on Sept. 12/05) | Bayer Inc. |
| 2005-08-22 | All materials on application for leave submitted to the Judges, CJ Bi Cha | |
| 2005-06-10 | Applicant's reply to respondent's argument, Completed on: 2005-06-10 | Bayer Inc. |
| 2005-06-03 | Book of authorities | Jean Pardy |
| 2005-06-03 | Respondent's response on the application for leave to appeal, Completed on: 2005-06-03 | Jean Pardy |
| 2005-05-09 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2005-05-06 | Book of authorities | Bayer Inc. |
| 2005-05-06 | Application for leave to appeal, 3 volumes (Missing C/A Order - Rec'd June 20, 2005), Completed on: 2005-06-20 | Bayer Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Bayer Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pardy, Jean | Respondent | Active |
| Bruce McCullough and John Ryan | Respondent | Active |
Counsel
Party: Bayer Inc.
Counsel
Peter J. Cavanagh
10 Fort William Place
5th Floor, Baine Johnson Centre
St John's, Newfoundland & Labrador
A1C 5X4
Telephone: (709) 722-8735
FAX: (709) 722-1763
Email: david.eaton@mcinnescooper.com
Party: Pardy, Jean
Counsel
David Klein
169 Water Street
4th Floor
St. John's, Newfoundland & Labrador
A1C 1B1
Telephone: (709) 579-4000
FAX: (709) 579-9671
Agent
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com
Party: Bruce McCullough and John Ryan
Counsel
David Klein
169 Water Street
4th Floor
St. John's, Newfoundland & Labrador
A1C 1B1
Telephone: (709) 579-4000
FAX: (709) 579-9671
Agent
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
For a period of three and a half years ending in August of 2001, the Applicant distributed its statin drug in Canada, used to combat high cholesterol. Those patients who are alleged to have experienced serious side effects sought to have a class action certified with the named Respondents as representative plaintiffs. The Applicant opposed the certification. The case management judge granted the order for certification, but stayed its effect pending the outcome of a settlement motion in the Ontario court. Leave to appeal this decision was refused by the Court of Appeal.
Lower court rulings
Supreme Court of Newfoundland & Labrador, Trial Division
2002 01T 4246 CP
Respondent`s application for certification of the action as a class proceeding granted; Certification order stayed until receipt of the Ontario decision on approval of a settlement agreement of the Applicant or May 31, 2004 whichever is earlier
Supreme Court of Newfoundland and Labrador - Court of Appeal
04/83, 2005 NLCA 20
Application for leave to appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available