Breast Implants – (Attis v. Canada (Minister of Health) et al.)
This class proceeding concerns government liability in relation to the regulation of silicone breast implants in Canada. The action alleges that Health Canada breached its duty to properly regulate silicone breast implants under the Food and Drugs Act.
The Plaintiff alleges that Health Canada had knowledge that the silicone breast implants were unsafe yet it failed to prohibit their sale and distribution in Canada. It is alleged that the Defendant’s failures resulted in damage suffered by class members including physical injury and loss in quality and enjoyment of life.
This action seeks to represent, generally, all residents of Canada (except B.C.) who were implanted with breast implants manufactured and distributed by Dow Corning and associated entities, between January 1, 1962 and December 31, 1992.
Koskie Minsky LLP and Legge & Legge LLP represent the Plaintiffs.
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Latest Developments
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April 23, 2009
The Supreme Court of Canada denied the Plaintiff’s application for Leave to Appeal.
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February 24, 2009
An application for Leave to Appeal the decision of the Court of Appeal for Ontario to the Supreme Court of Canada has been filed and a determination of leave is pending.
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September 30, 2008
By reasons dated September 30, 2008 the Plaintiff’s appeal to the Court of Appeal for Ontario was dismissed.
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May 3, 2007
By reasons dated May 3, 2007, the plaintiff’s motion for certification of this action as a class proceeding was dismissed.
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April 23, 2009
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Documents
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Contacts
John Legge
Legge & Legge LLP
65 St. Clair Avenue East, Suite 800
Toronto, Ontario
Canada
M4T 2Y3
(416) 923-1776 x 224
jlegge@leggeandlegge.com
