Sollen v. Boehringer Ingelheim (Canada) Ltd.

Sollen v. Boehringer Ingelheim (Canada) Ltd.

The motion judge’s approval of the discontinuance under s.29 was upheld because he properly determined the interests of absent class members would not be prejudiced; consequently the anti‑suit injunction failed as it depended on the continuance of the Ontario action.

Source-derived case information.

Citation
2008 ONCA 803
Parties
Plaintiffs (respondents): Shirley Sollen et al.; Defendant (appellant): Pfizer Canada Inc.; Defendant (appellant): Boehringer Ingelheim (Canada) Ltd.; Defendant (appellant): Her Majesty the Queen as represented by The Minister of Health Canada and the Attorney General of Canada
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
28 November 2008
Procedural Posture
Class Action Civil / Appeal From Superior Court Motion Judge Decision Approving Discontinuance Under S.29 Class Proceedings Act and Denying Anti Suit Injunction
Outcome
Appeal dismissed in respect of the discontinuance; anti‑suit injunction appeal disposed by virtue of the discontinuance outcome.
Legal Topics
Discontinuance Under S.29 Class Proceedings Act, Anti‑suit Injunction, Jurisdiction for National Class Proceedings, Protection of Absent Class Members
Source Language
english
Class Actions Civil Procedure Injunctions Conflict of Laws Costs Discontinuance Under S.29 Class Proceedings Act Anti‑suit Injunction Jurisdiction for National Class Proceedings +1 more

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Parties

Shirley Sollen et al.

Plaintiffs (respondents)

Pfizer Canada Inc.

Defendant (appellant)

Boehringer Ingelheim (Canada) Ltd.

Defendant (appellant)

Her Majesty the Queen as represented by The Minister of Health Canada and the Attorney General of Canada

Defendant (appellant)

Procedural Posture

Class Action Civil / Appeal From Superior Court Motion Judge Decision Approving Discontinuance Under S.29 Class Proceedings Act and Denying Anti Suit Injunction

Legal Issues

  1. 1 Whether the discontinuance of a national class action should be approved under s.29 of the Class Proceedings Act
  2. 2 Whether an anti‑suit injunction should be granted to restrain proceedings in other jurisdictions
  3. 3 Whether the interests of absent class members would be prejudiced by the discontinuance

Ratio Decidendi

The motion judge’s approval of the discontinuance under s.29 was upheld because he properly determined the interests of absent class members would not be prejudiced; consequently the anti‑suit injunction failed as it depended on the continuance of the Ontario action.

Court Disposition

Appeal dismissed in respect of the discontinuance; anti‑suit injunction appeal disposed by virtue of the discontinuance outcome.

Orders

  • Motion judge's approval of discontinuance under s.29 upheld
  • Anti‑suit injunction dismissed as not warranted