Case information
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40252
Intervet Canada Corp., et al. v. Jessica Gagnon, et al.
(Quebec) (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) |
|---|---|---|
| 2023-03-10 | Close file on Leave | |
| 2023-03-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-09 | Judgment on leave sent to the parties | |
| 2023-03-09 |
Judgment of the Court on the application for leave to appeal, The motions for leave to intervene filed by Innovative Medicines Canada and the Canadian Animal Health Institute are dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-09-029268-208 and 500-09-029290-210, 2022 QCCA 553, dated April 25, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-03-09 |
Decision on motion for leave to intervene, See decision on application Dismissed |
|
| 2023-01-30 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-01-30 | Submission of motion for leave to intervene | |
| 2022-09-08 | Reply to the motion for leave to intervene., (Letter Form), Reply to Response to CAHI's motion for intervention, Completed on: 2022-09-12, (Printed version filed on 2022-09-08) | Canadian Animal Health Institute |
| 2022-09-06 | Reply to the motion for leave to intervene., (Letter Form), Completed on: 2022-09-14, (Printed version filed on 2022-09-08) | Innovative Medicines Canada |
| 2022-09-02 | Response to the motion for leave to intervene, (Letter Form), Response to the Motion for Intervention from Innovative Medicines Canada, Completed on: 2022-09-15, (Printed version due on 2022-09-12) | Intervet Canada Corp. |
| 2022-09-02 | Response to the motion for leave to intervene, (Letter Form), Response to the Motion for Intervention from The Canadian Animal Health Institute, Completed on: 2022-09-15, (Printed version due on 2022-09-12) | Intervet Canada Corp. |
| 2022-08-31 | Response to the motion for leave to intervene, (Letter Form), Response to motion for intervention filed by CAHI, Completed on: 2022-09-12, (Printed version filed on 2022-09-02) | Jessica Gagnon |
| 2022-08-31 | Response to the motion for leave to intervene, (Letter Form), Response to motion for intervention filed by IMC, Completed on: 2022-09-12, (Printed version filed on 2022-09-02) | Jessica Gagnon |
| 2022-08-29 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-09-12, (Printed version filed on 2022-08-31) | Intervet Canada Corp. |
| 2022-08-29 | Notice of name, (Letter Form), (Printed version due on 2022-09-06) | Canadian Animal Health Institute |
| 2022-08-29 | Motion for leave to intervene, (Book Form), Completed on: 2022-09-12, (Printed version filed on 2022-08-29) | Canadian Animal Health Institute |
| 2022-08-26 | Notice of name, (Letter Form), (Printed version due on 2022-09-02) | Innovative Medicines Canada |
| 2022-08-26 | Motion for leave to intervene, (Book Form), Completed on: 2022-09-12, (Printed version filed on 2022-08-26) | Innovative Medicines Canada |
| 2022-08-18 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-08-25) | Jessica Gagnon |
| 2022-08-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-08-25, (Printed version filed on 2022-08-22) | Jessica Gagnon |
| 2022-06-29 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-06-29 | |
| 2022-06-22 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-06-23) | Intervet Canada Corp. |
| 2022-06-22 | Notice of name, (Letter Form), (Printed version filed on 2022-06-23) | Intervet Canada Corp. |
| 2022-06-22 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2022-06-22, (Printed version filed on 2022-06-23) | Intervet Canada Corp. |
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 |
|---|---|---|
| Intervet Canada Corp. | Applicant | Active |
| Intervet GESMBH | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Gagnon, Jessica | Respondent | Active |
| Olenitch, Alla | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Innovative Medicines Canada | Intervener | Pending |
| Canadian Animal Health Institute | Intervener | Pending |
Counsel
Party: Intervet Canada Corp.
Counsel
Ariane Bisaillon
Cristina Cataldo
1, Place Ville Marie
Bureau 3000
Montréal, Quebec
H3B 4N8
Telephone: (514) 982-4000
FAX: (514) 982-4099
Email: claude.marseille@blakes.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Intervet GESMBH
Counsel
Ariane Bisaillon
Cristina Cataldo
1, Place Ville Marie
Bureau 3000
Montréal, Quebec
H3B 4N8
Telephone: (514) 982-4000
FAX: (514) 982-4099
Email: claude.marseille@blakes.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Gagnon, Jessica
Counsel
Robert Eidinger
Suite 920
1350 Sherbrooke Street West
Montréal, Quebec
H3G 1J1
Telephone: (514) 284-2287
FAX: (514) 284-3678
Email: paule.lafontaine@eidinger.ca
Party: Olenitch, Alla
Counsel
Robert Eidinger
Suite 920
1350 Sherbrooke Street West
Montréal, Quebec
H3G 1J1
Telephone: (514) 284-2287
FAX: (514) 284-3678
Email: paule.lafontaine@eidinger.ca
Party: Innovative Medicines Canada
Counsel
Andrée-Anne Labbé
Byron Shaw
Sébastien Cusson
1000, rue De La Gauchetière Ouest
Bureau 2500
Montréal, Quebec
H3B 0A2
Telephone: (514) 397-4204
FAX: (514) 875-6246
Email: mgagne@mccarthy.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Canadian Animal Health Institute
Counsel
Anne Merminod
Alexis Leray
900-1000 De la Gauchetière Street West
Montréal, Quebec
H3B 5H4
Telephone: (514) 954-2555
FAX: (514) 954-1905
Email: jsaintonge@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Civil procedure — Class actions — Certification — Scope of class — Overbreadth — Product liability — Consumer protection — Tick and flea medication for dogs — Dogs owned by prospective class representatives sustaining injuries following administration of drug — Courts below authorizing class action — Whether, in a pharmaceutical product liability class action, the class definition can include adverse reactions that do not share a substantial common ingredient with those allegedly experienced by the class representatives — Whether the Consumer Protection Act of Quebec applies to the sale of veterinary prescription drugs.
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.
The applicants are the Canadian distributors and manufacturers of the product Bravecto, a drug prescribed by veterinarians to kill ticks and fleas that infest domestic animals such as dogs. The respondents are dog owners whose pets sustained injuries following the administration of Bravecto. They applied for authorization before the Superior Court to represent a class of dog owners who sustained Bravecto-related injuries. The Superior Court granted the application in part. Authorization to represent the class of dog owners was granted solely to the respondent Ms. Gagnon. On appeal, the court added the respondent Ms. Olenitch as class representative; broadened the claim period; removed “suspected lack of efficacy” as a condition giving rise to inclusion in the class; included “death” as a condition giving rise to inclusion in the class; and determined that the Consumer Protection Act of Quebec could in fact be listed as a common issue to be decided on the merits of the class action.
Lower court rulings
Superior Court of Quebec
2020 QCCS 3972, 500-06-001003-199
Authorization to institute class action granted in part
Court of Appeal of Quebec (Montréal)
2022 QCCA 553, 500-09-029268-208, 500-09-029290-210
Appeals granted in part
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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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