What is the proper approach to expert evidence in a class action?
British Columbia, Canada
The following excerpt is from Krishnan v Jamieson Laboratories Inc., 2021 BCSC 1396 (CanLII):
In Dembrowski v. Bayer Inc., 2015 SKQB 286, the defendant in a proposed class action sold two brands of birth control pills. The certification motion was supported by an affidavit from an expert who tendered an opinion in pharmacoepidemiology and epidemiology, clinical science, and regulatory affairs. The expert provided an opinion that the product monograph, package inserts and labels failed to properly warn the public about the risks of using the products. As for the proper approach to the expert evidence, the court stated:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for establishing that there was an identifiable class in the context of class action? (British Columbia, Canada)
Is a class action proceeding preferable to an individual action proceeding? (British Columbia, Canada)
What is the test for representing a class in a class action? (British Columbia, Canada)
What is the test for adding plaintiffs to a proposed class action where the named and proposed representative plaintiff has no legitimate cause of action? (British Columbia, Canada)
What causes of action have been struck out of a class action for breach of section 61 of the Competition Act? (British Columbia, Canada)
Is a class action settlement conditional on the payment of class counsel’s fees? (British Columbia, Canada)
Is a plaintiff required to lead expert evidence to overcome a no evidence motion? (British Columbia, Canada)
Does a no evidence motion where a real estate agent defendant argued that there was no expert evidence sufficient to establish a standard of care? (British Columbia, Canada)
What is the test for a class action under the Class Proceedings Act? (British Columbia, Canada)
What is the test for approval of a settlement in a class action action? (British Columbia, Canada)
