Eaton v. Teva Canada Limited, 2026 FC 239
Justice Fothergill - 2026-02-20
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The case concerned a motion for certification of a proposed class action alleging that various pharmaceutical companies conspired to fix the prices of generic drugs in Canada, violating the Competition Act. The plaintiff sought damages of $5 billion for class members who purchased generic drugs from January 1, 2012, to the present. However, the court found that the plaintiff did not satisfy four of the five criteria necessary for class action certification. Key issues included failure to demonstrate a reasonable cause of action, to identify common issues of law or fact, to propose a preferable procedure, and to establish a suitable class representative. The court ultimately dismissed the certification motion without leave to amend, concluding there was insufficient factual basis for the alleged conspiracy.
Decision relates to:
- T-607-20 - KATHRYN EATON v. TEVA CANADA LIMITED ET AL.