SUPREME COURT OF NOVA SCOTIA
Citation: Taylor v. Wright Medical Technology Canada Ltd., 2014 NSSC 89
Date: 20140307
Docket: Hfx No. 355381
Registry: Halifax
Between:
Ken Taylor
Plaintiff
v.
Wright Medical Technology Canada Ltd., Wright Medical
Technology Inc., and, Wright Medical Group, Inc.
Respondents
LIBRARY HEADING
Judge: The Honourable Justice Michael J. Wood
Heard: August 15, 2013 (in Chambers), in Halifax, Nova Scotia
Final Written
Submission: December 19, 2014
Written Decision: March 7, 2014
Subject: Class Proceedings - Certification
Summary: The plaintiff suffered a premature fracture of a component of the artificial hip supplied by the defendants. He sought certification of a class proceeding representing members who had similar fractures.
Issue: Should the proceeding be certified under the Class Proceedings Act?
Result: The Court was satisfied that the certification should be granted on the evidence presented. The application of the Sale of Goods Act was not found to be a common issue. Quantification of punitive damages, if any, was deferred until after assessment of individual damages. A small class was not an impediment to certification on a national basis.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.