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January 20, 2012 - VIOXX® Canada-wide settlement reached in Vioxx class actions
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March 16, 2011 - VIOXX® For the most recent news regarding this class action, please go to www.vioxxclassaction.ca.
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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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SUPREME COURT OF CANADA REFUSES LEAVE TO APPEAL
On October 22, 2009, the Supreme Court dismissed three leave applications relating to Vioxx proceedings in Canada. A leave application requests that the Court grant a party the right to appeal to the court. One leave application related to the Vioxx class action commenced in Ontario. The other two leave applications related to a separate Vioxx class action commenced in Saskatchewan. The Ontario class action is being managed by a consortium of law firms accross Canada, including Tough & Podrebarac LLP. The Saskatchewan class action is not associated with the consortium. The result of the Supreme Court's decisions is that the Ontario class action is the only certified class action in Canada relating to Vioxx outside of Quebec. The Ontario class action applies to residents of every province except Quebec and Saskatchewan. A copy of the most recent Statement of Claim can be found here.
Leave application for the Ontario class action
This leave application in the Supreme Court of Canada related to an unsuccessful motion by the Defendants ("Merck") in the Ontario court seeking a stay of the Ontario action. The basis for Merck's motion was that there was another Vioxx class action commenced in Saskatchewan. The following is the sequence of motions and appeals related to Merck's efforts to have this action stayed:
July 28, 2008: Justice Cullity of the Ontario court dismissed Merck's motion.
November 24, 2008: Justice Bellamy granted leave to appeal to the Divisional Court.
February 13, 2009: The Divisional Court dismissed Merck's appeal and unanimously upheld Justice Cullity's decision.
May 15, 2009: The Ontario Court of Appeal refused to grant Merck further leave to appeal to the Court of Appeal.
October 22, 2009: The Supreme Court of Canada refused to grant Merck leave to appeal to the Supreme Court.
The Supreme Court of Canada is the last level of judicial appeal in Canada. Its refusal of leave on October 22, 2009 finally determines this issue.
Leave application for the Saskatchewan class action
The two other leave applications in the Supreme Court of Canada related to the Saskatchewan action relating to Vioxx. On May 30, 2008, the Saskatchewan court certified the Saskatchewan action as a class action relating to Vioxx. However, on March 30, 2009, the Saskatchewan Court of Appeal overturned certification. The plaintiff in Saskatchewan sought leave to appeal to the Supreme Court of Canada, but on October 22, 2009, leave was refused. As a result, the Saskatchewan action is no longer a class action.
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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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