A class-action lawsuit filed against OrganiGram has been certified to proceed to trial.
The lawsuit was filed with the Supreme Court of Nova Scotia on behalf of class members who purchased medical cannabis which was part of product recalls in December 2016 and January 2017.
Ray Wagner of Wagner’s Law Firm says certification is the first procedural step in a class action.
“The fact that we have a certification now in January of 2019, two years after the recall, is quite efficient. We are quite proud that we were able to get an actual decision from the court within two years of the recall. What it gives us, is the opportunity to examine exactly what has happened and how exactly the pesticide and the herbicides get into the plant, a very secure facility. We also need to find out who knew about it and when it was known.”
The proposed class-action was filed on March 3rd, 2017, and an amended claim was filed on November 16th, 2017, to include allegations that the recalled products have caused physical harm to purchasers.
Wagner says preparation for trial will now begin.
“Our intention in the best interest of the class members is to have this resolved as soon as possible. We are going to be driving for early trial dates with an aggressive schedule to provide expert opinions and deal with the discovery of witnesses from OrganiGram,” Wagner says.
The lawsuit deals with the reimbursement of funds paid for the cannabis purchased by medical customers in 2016.
OrganiGram has already voluntarily reimbursed many of its customers for this recall via a comprehensive credit and refund program.
The company has insurance to cover the cost of legal fees associated with the defence of the class action.
Insurance coverage may also cover some or all of any monetary damages associated with any resolution of this matter.
While the ultimate outcome of any court process is difficult to ascertain, OrganiGram management does not anticipate that the class action will impact its business or operations in any material manner.
Thousands of people have been included in the class-action suit.
