Case information

Civil procedure — Parties — Class or representative actions — Certification — Proper approach to workable methodology requirement to certify class proceeding in context of tort and personal injury damages and threshold evidentiary requirements — Whether inference of causation can be drawn for certification in the context of contaminants requiring novel methodologies of proof?

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Organigram Inc. produces medical marihuana. Organigram Inc. and Health Canada recalled some of Organigram Inc.’s marihuana after Organigram Inc. discovered and reported that some of its marihuana contained trace amounts of three pesticides. Ms. Downton commenced an action claiming that she consumed Organigram Inc.’s marihuana containing pesticides and she suffered nausea and headaches. She applied to certify the action as a class proceeding. Another proposed member of the class alleges Organigram Inc.’s marihuana caused her to suffer severe nausea, gastrointestinal issues, breathing difficulty and headaches. The proposed class claims include claims seeking damages for personal injury. Expert opinion divided on whether there is a workable methodology to determine issues class wide. The motions judge certified the action as a class proceeding. The Court of Appeal allowed an appeal in part. It set aside and deleted parts of the certification order.