Stanway v. Wyeth Canada Inc.

Stanway v. Wyeth Canada Inc.

The Court dismissed Wyeth's appeal and upheld the certification order: the chambers judge did not err in finding an evidentiary basis to certify common issues including general causation, breach of duty, punitive damages issues and BPCPA deceptive acts/omissions; the competing expert evidence could not be weighed at certification and the materials presented sufficed to show that determination of general causation and systemic omissions would materially advance the litigation; the class period and learned intermediary issues did not make the action unmanageable and preferability was satisfied.

Citation
2012 BCCA 260
Parties
Respondent / Plaintiff (representative): Dianna Louise Stanway; Appellants / Defendants: Wyeth Canada Inc.; Wyeth Pharmaceuticals Inc.; Wyeth Holdings Canada Inc.; Wyeth Canada; Wyeth-Ayerst International Inc.; Wyeth
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
15 June 2012
Procedural Posture
Class Action — Products Liability and Statutory Consumer Protection / Appeal From Certification Order (certification Hearing Below)
Outcome
Appeal dismissed; certification order upheld.
Legal Topics
Certification, General Causation, Specific Causation, Preferability, Failure to Warn, Failure to Disclose, Learned Intermediary, Business Practices and Consumer Protection Act (bpcpa)
Source Language
English
Class Actions Products Liability Tort — Negligence Consumer Protection Statutory Interpretation Evidence and Expert Testimony Certification General Causation +6 more

Case Brief

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Parties

Dianna Louise Stanway

Respondent / Plaintiff (representative)

Wyeth Canada Inc.; Wyeth Pharmaceuticals Inc.; Wyeth Holdings Canada Inc.; Wyeth Canada; Wyeth-Ayerst International Inc.; Wyeth

Appellants / Defendants

Procedural Posture

Class Action — Products Liability and Statutory Consumer Protection / Appeal From Certification Order (certification Hearing Below)

Legal Issues

  1. 1 Whether general (class‑wide) causation between hormone therapy (Premarin/Premplus) and breast cancer can be certified as a common issue
  2. 2 Whether the certified class period (Jan 1, 1977–Dec 1, 2003) is unmanageably broad given evolving knowledge and warnings
  3. 3 Whether alleged deceptive acts or practices under the BPCPA (including omissions/failure to disclose) constitute a certifiable common issue

Ratio Decidendi

The Court dismissed Wyeth's appeal and upheld the certification order: the chambers judge did not err in finding an evidentiary basis to certify common issues including general causation, breach of duty, punitive damages issues and BPCPA deceptive acts/omissions; the competing expert evidence could not be weighed at certification and the materials presented sufficed to show that determination of general causation and systemic omissions would materially advance the litigation; the class period and learned intermediary issues did not make the action unmanageable and preferability was satisfied.

Court Disposition

Appeal dismissed; certification order upheld.

Orders

  • Certification order of the Supreme Court of British Columbia (August 4, 2011 / entered November 22, 2011) affirmed
  • Costs awarded to the respondent