Drynan v. Bausch Health Companies Inc. et al

2021 ONSC 7423

"the expert evidence of Mr. Steger demonstrates that information which may be required to calculate aggregate monetary relief … are ascertainable without the necessity of proof from individual class members."

- Judgment in 2021 ONSC 7423
Class action certification motion involving Defendants’ consumer product representations, and the related damages considerations in the event the representations contravened various legislative Acts.

This matter involved the class action certification motion involving the Defendants’ product representations regarding the natural health product COLD-FX®, and the related damages considerations in the event the representations contravened the Consumer Protection Act, the Competition Act, and the Class Proceedings Act.

CHS was retained by Counsel for the Representative Plaintiff to provide an opinion that identifies and describes a methodology(ies) for determining damages during the Class Period on a common and/or aggregate basis, assuming that Class Members can recover damages assessed on four alternative legal bases.

The Court certified the matter as a class action.

Level of Court