Boston Scientific Ltd. and Boston Scientific Corporation in fifteen individual matters in three provinces, as well as a certified class action in Ontario and three proposed class actions in other provinces (Saskatchewan, Alberta, Quebec)
Boston Scientific Ltd. and Boston Scientific Corporation
Class Action Defence
Osler is counsel for the Defendants Boston Scientific Ltd. and Boston Scientific Corporation in fifteen individual matters in three provinces (Ontario, Alberta and British Columbia), a certified class action in Ontario and three proposed class actions in other provinces (Saskatchewan, Alberta, Quebec). Thousands of pelvic mesh claims are proceeding in the United States in bellwether trials and consolidated proceedings against Boston Scientific and several other manufacturers. These cases have been compared to breast implant litigation in significance. One recent commentator on the Vester case wrote: "Those of us in the products field were keeping an eye on this decision as it was bound to test the outer limits of what could qualify as a "common issue" for the purposes of the Class Proceedings Act." The certification motion was heard in Ontario and certification was refused in December 2015. The certification motion was adjourned to allow the plaintiffs to file additional expert evidence. The claim was ultimately certified on a much narrower set of common issues. Significant multi-jurisdictional issues are involved, including coordinating with the advanced US MDL proceedings. In Quebec, Osler won a contested motion to stay the plaintiffs' motion for authorization of a class proceeding pending the outcome of the Ontario proceeding. The Alberta case was similarly put on hold.
Osler, Hoskin & Harcourt LLP is representing the Defendants with a team consisting of Sonia Bjorkquist, David Morritt, Karin Sachar and Vanessa Cotric (Litigation).