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.
36629
Wright Medical Technology Canada Ltd., et al. v. Ken Taylor
(Nova Scotia) (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) |
|---|---|---|
| 2016-09-16 | Close file on Leave | |
| 2016-09-16 | Correspondence (sent by the Court) to, the respondent. Cover letter regarding certificate of taxation signed September 16, 2016. | |
| 2016-09-16 | Certificate of taxation issued to, Mr. Raymond F. Wagner, Q.C. | |
| 2016-09-16 | Decision on the bill of costs, in the amount of $1,254.55, Reg | |
| 2016-09-16 | Submission of the bill of costs, Reg | |
| 2016-08-11 | Bill of costs, (Letter Form), service missing - rec'd Aug.15/16, Completed on: 2016-08-16 | Ken Taylor |
| 2016-02-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-02-12 | Judgment on leave sent to the parties | |
| 2016-02-11 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA429260, 2015 NSCA 68, dated July 7, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2016-01-11 | All materials on application for leave submitted to the Judges, Wa Ga Br | |
| 2015-10-19 | Applicant's reply to respondent's argument, Completed on: 2015-10-19 | Wright Medical Technology Canada Ltd. |
| 2015-10-09 | Certificate (on limitations to public access) | Ken Taylor |
| 2015-10-09 | Respondent's response on the application for leave to appeal, Completed on: 2015-10-09 | Ken Taylor |
| 2015-09-24 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2015-09-24 | |
| 2015-09-24 | Certificate (on limitations to public access) | Wright Medical Technology Canada Ltd. |
| 2015-09-24 | Notice of name | Wright Medical Technology Canada Ltd. |
| 2015-09-24 | Application for leave to appeal, Completed on: 2015-09-24 | Wright Medical Technology Canada Ltd. |
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 |
|---|---|---|
| Wright Medical Technology Canada Ltd. | Applicant | Active |
| Wright Medical Technology, Inc. and Wright Medical Group, Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Taylor, Ken | Respondent | Active |
Counsel
Party: Wright Medical Technology Canada Ltd.
Counsel
Scott R. Campbell
900-1959 Upper Water Street
Halifax, Nova Scotia
B3J 2X2
Telephone: (902) 420-3200
FAX: (902) 420-1417
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Wright Medical Technology, Inc. and Wright Medical Group, Inc.
Counsel
Scott R. Campbell
900-1959 Upper Water Street
Halifax, Nova Scotia
B3J 2X2
Telephone: (902) 420-3200
FAX: (902) 420-1417
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Taylor, Ken
Counsel
Michael Dull
1869 Upper Water Street
Halifax, Nova Scotia
B3J 1S9
Telephone: (902) 425-7330
FAX: (902) 422-1233
Email: rfwagner@ns.sympatico.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
None.
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.
Civil procedure — Class actions — Certification — Products liability — Respondent suing applicants for alleging negligence in the design and manufacture of hip implant system — Respondent seeking certification of action as class proceeding under provincial class action legislation — How can defendant lead evidence to rebut inference of “some basis in fact” raised by the plaintiff’s evidence on common issues criterion ? How does the certification judge assess the “some basis in fact” standard in relation to common issues criterion — Class Proceedings Act, S.N.S. 2007, c. 28.
In June 2007, the respondent Mr. Kenneth Taylor had his left hip replaced on account of osteoarthritis. His attending surgeon used a Wright Profemur Hip Implant System conceived and produced by the applicants. Two years later the device failed. Mr. Taylor sued, alleging negligence in the design and manufacture of the implant system. He applied to have his action certified as a class proceeding under the Class Proceedings Act, S.N.S. 2007, c. 28.
The motion judge certified the action as a class proceeding. The Court of Appeal dismissed the appeal.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
355381, 2014 NSSC 89
Order certifying action as class proceeding.
Nova Scotia Court of Appeal
CA429260, 2015 NSCA 68
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
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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
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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
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