Abbott Laboratories successfully defends against certification of a class action alleging liability for its sibutramine drug
Date Closed
May 10, 2023
Lead Office
Toronto
On May 10, 2023, the Court of Appeal for Saskatchewan granted Abbott’s appeal and stayed the class action brought against Abbott Laboratories (Abbott) and Apotex Inc. concerning sibutramine. The product was withdrawn from the Canadian market in 2010.
The Court of Appeal concluded that the litigation would be an abuse of process that would undermine the administration of justice, and ordered a permanent stay.
The Saskatchewan proceeding is the last of five proposed national class proceedings brought in Canada involving claims about the drug sibutramine. Similar actions were pursued in Quebec, Ontario and British Columbia, all of which have been dismissed.
Abbott Laboratories, headquartered in Chicago, Illinois, is a healthcare company which creates products in diagnostics, medical devices, nutrition and pharmaceuticals.
McCarthy Tétrault LLP represented Abbott, with a team led by Caroline Zayid that included Byron Shaw and Gregory Ringkamp (Litigation).
