NOTICE TO POTENTIAL MEMBERS OF THE DISCONTINUANCE OF THE CLASS ACTION CONCERNING COMMENCED AGAINST PFIZER CANADA INC.
Take notice that, on March 29 2016, petitioner Stéphanie Chipeur was authorized to discontinue her Motions Seeking Authorization to Institute a Class Action, dated November 24, 2015. A copy of the judgment rendered by Justice Pierre-C. Gagnon, J.S.C., authorizing the discontinuance, is available on the present website as follows:
https://www.siskinds.com/cmsfiles/PDF/Emergen-C-Jugement-29-03-16.pdf
In essence, the Court accepted the following explanation:
- The proposed class action relied on allegations (unproven) that the respondent made false or misleading representations regarding the contents of the Emergen-C mix packs.
- These allegations were entirely based on an investigation conducted by CBC’s show Marketplace.
- Since the proceedings were filed, CBC has published a retraction which completely contradicts the allegations upon which the Motion seeking authorization was based.
- As a result, the pursuit of the recourse is no longer necessary under the circumstances.
Finding that the discontinuance was in the interest of justice, Justice Gagnon authorized the discontinuance. By reason of this discontinuance, the operation of Article 2908 of the Civil Code of Québec has ceased and prescription has started to run again.
Nothing in this notice is intended to be legal advice and you may wish to consult your own attorney.