Digest: Perdikaris v Purdue Pharma Inc., 2018 SKQB 86

• Date: March 15, 2018

Reported as: 2018 SKQB 86

Docket Number: QBG 1073/12 JCR , QB17469

Court: Court of Queen's Bench

Date: 2018-03-15

Judges:

• Barrington-Foote

Subjects:

• Civil Procedure � Class Action � Settlement Approval

Digest: The plaintiff applied pursuant to s. 38 of The Class Actions Act for orders approving a National Settlement Agreement and the fees and disbursements requested by the four law firms that coordinated a national settlement of class action litigation relating to the use of OxyContin and OxyNEO. An earlier application made by the plaintiff was declined because of the judge�s concerns relating to the provisions of the agreement which dealt with the subrogated claims of Provincial Health Insurers (PHIs) for cost of health services provided or to be provided to class members (see: 2017 SKQB 287). In this renewal of the application the parties provided the requested supplementary material in response to those concerns raised in the previous application, such as that class counsel would provide direct evidence from all provincial and territorial PHIs that they had approved the settlement in accordance with their subrogation legislation.
HELD: The application was dismissed. The court refused to approve the agreement because the evidence provided regarding the approval by all PHIs in accordance with their subrogation legislation was insufficient. Further, the court was not satisfied that the agreement was fair, reasonable and in the best interests of the class because it was not convinced that the assumptions identified by class counsel as to the range of damages, average recovery, total recovery and the number of potential claimants were sound.

Statutes Considered:

• Health Administration Act, RSS 1978, c H-0.0001, s 19(5)
• Health Administration Act, RSS 1978, c H-0.0001, s 19(6)

Federal Statutes Considered:

• Class Actions Act, SS 2001, c C-12.01, s 38

Other Statutes Considered:

• Crown�s Right of Recovery Act, SA 2009, c C-35, s 8
• Health Care Costs Recovery Act, SBC 2008 c 27, s 13
• Hospital Insurance Services Act, RSY 2002, c 112, s 14

Cases Considered:

• AFA Livf�rs�kringsaktiebolag v Agnico-Eagle Mines Ltd., 2016 ONSC 532, 263 ACWS (3d) 632, 90 CPC (7th) 201
• Dabbs v Sun Life Assurance Co. of Canada (1998), 40 OR (3d) 429
• Driediger v Ashley Furniture Industries Inc., 2010 SKQB 437, [2011] 8 WWR 804, 195 ACWS (3d) 933, 364 Sask R 130, 3 CPC (7th) 433
• Fabretti v Gill, 2014 BCSC 899, 241 ACWS (3d)...