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negligent research, development, manufacture, testing, regulatory licensing,
distribution, sale and marketing of opioids (“Ontario Action”). In addition to
negligence, other causes of action are pleaded, including breach of the Competition
Act, fraudulent misrepresentation and deceit, unjust enrichment and fraudulent
concealment. The Ontario Action is brought on behalf of all persons in Canada who
were prescribed opioids and subsequently developed an addiction to opioids, as
well as all persons in Canada who by reason of their relationship to a class member
have standing pursuant to section 61(1) of the Family Law Act, R.S.O. 1990, c. F.3.
The statement of claim does not define the class period, but the allegations it
contains are very similar to the allegations in the other actions. Loblaw and SDM
are not parties to the Ontario Action.
d. On May 23, 2019, an anonymous representative plaintiff (E.V.) commenced a class
action in the Superior Court of Quebec against Sanis and others for damages arising
from the alleged negligent research, development, manufacturing, testing,
regulatory licensing, distribution, sale, marketing, and after-market surveillance of
opioids in Quebec (“Quebec Action”). In addition to negligence, other causes of
action are pleaded, including breaches of the Competition Act, breaches of the Civil
Code of Quebec and breaches of the Quebec Charter of Human Rights and
Freedoms. The Quebec Action is brought on behalf of all persons in Quebec who
have been prescribed and consumed any one or more of the opioids manufactured,
marketed, distributed and/or sold by the defendants during the class period, which
is the period from 1996 to the present, and who suffer or have suffered from opioid
use disorder, as well as the direct heirs of any deceased persons who met this
description. Loblaw and SDM are not parties to the Quebec Action.
e. On June 3, 2020, the City of Grande Prairie commenced a class action in the Court
of Queen’s Bench of Alberta against Loblaw, SDM, Sanis and others for damages
arising from the alleged negligent manufacturing, marketing, distribution and sale
of opioid drugs or opioid products (“Alberta Action”). In addition to negligence,
other causes of action are pleaded, including conspiracy, common law public
nuisance, common law fraud and unjust enrichment. The Alberta Action is brought
on behalf of all Canadian municipalities and local governments who collect taxes
and/or provide services to their communities. The statement of claim does not
define the class period, but the allegations it contains are similar to the allegations
in the other actions, although more detailed.
[11] Collectively, the BC HMQ Action, the BC MW Action, the Ontario Action, the Quebec
Action and the Alberta Action are referred to as the “Underlying Claims”.
[12] The Underlying Claims seek billions of dollars in damages. There are 45 defendants in the
BC HMQ Action, 38 defendants in the BC MW Action, 37 defendants in the Ontario Action, 25
defendants in the Quebec Action and 42 defendants in the Alberta Action. In addition, similar
litigation is pursued in the United States of America.