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February 12, 2010 - VIOXX® Ontario court approves Notice of Certification
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December 15, 2009 - VIOXX® Ontario court refuses leave to appeal from certification
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October 22, 2009 - VIOXX® Supreme Court of Canada refuses leave to appeal
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July 31, 2009 - VIOXX® Ontario Court of Appeal Denies Merck Leave to Appeal; Merck Seeks to Reopen Certification
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February 20, 2009 - VIOXX® Divisional Court Dismisses Merck's Appeal
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January 26, 2009 - VIOXX® Merck's Appeal to the Divisional Court
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July 30, 2008 - VIOXX® Ontario court certifies national class action
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June 13, 2008 - VIOXX® Certification hearing in Ontario and Saskatchewan proceedings
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November 9, 2007 - VIOXX® U.S. Settlement
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October 2, 2007 - VIOXX® Class Action Certification Hearing Rescheduled
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June 6, 2007 - VIOXX® Class Action Certification Hearing
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May 3, 2006 - VIOXX® Amended Fresh Statement of
Claim Filed
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February 6, 2006 - VIOXX® Press Release
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February 3, 2006 - Decision on Carriage of VIOXX®
Class Action in Ontario
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August 22, 2005 - VIOXX® class action update
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Tough and Podrebarac LLP launches VIOXX® class action
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STATUS OF THIS CLASS ACTION IN ONTARIO
The current status of this action in Ontario relates to two decisions in July 2008 by Justice Cullity of the Ontario Superior Court. On July 28, 2008, Justice Cullity certified this action as a national class action relating to Vioxx. On the same day, Justice Cullity dismissed a motion by the Defendants Merck Frosst Canada Ltd., Merck Frosst Canada & Co. and Merck & Co. Inc. ("Merck") seeking to stay this action on the basis of a similar class action commenced in Saskatchewan. Since July 2008, Merck has brought a number of motions and appeals in an effort to challenge both decisions.
Status of Certification
In November 2008, Merck was denied leave to appeal from the certification decision. In most circumstances, this would finally determine the issues relating to certification. However, based on recent events in Saskatchewan, Merck seeks to again challenge certification by seeking an appeal of the leave decision. On March 30, 2009, the Saskatchewan Court of Appeal quashed certification of a separate class action relating to Vioxx in Saskatchewan. Merck relies on this decision to argue certification should be quashed in our Ontario action on the same basis. In response, we will argue that the events in Saskatchewan should have no impact on certification in Ontario because there are significant differences between the Saskatchewan action and our Ontario action.
Status of the Stay
Merck's appeal of the refusal to stay this action did not succeed. The Divisional Court unanimously upheld Justice Cullity's decision refusing a stay. On May 15, 2009, the Ontario Court of Appeal denied Merck leave to appeal from the Divisional Court's decision. Merck has sought further leave to the Supreme Court of Canada, which is still pending.
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TOUGH & PODREBARAC LLP
Suite 300, 166 Pearl Street
Toronto, ON Canada M5H 1L3
Tel: 416.348.7500 - Fax: 416.348.7505 |
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