Breast Implant Line of Canada
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Attis vs HMQ

Update on Attis vs. HMQ (Her Majesty the Queen)

The date of May 27, 2008 has been set to hear an appeal of the decision made for this case to be heard as a Class Action.

The Appeal for Attis vs. HMQ will be heard at:

10:30 AM
Osgoode Hall
Court of Appeals
Court Room 2
130 Queen Street West
Toronto, Ontario

In the early summer of 2007, we were advised that the Judge made a decision to not grant Class Action status to this case after hearing both sides argue the case during three days in February.

For any of you living in the Toronto area, please be advised you are welcome to attend this hearing. We encourage you to do so. Please contact Legge and Legge (416-923-1776) on or after May 23, 2008 for the exact location of this hearing.

Pending Class Action: against Health Canada alleging its failure to regulate breast implants manufactured by Dow Corning.

Currently, there is an intended class proceeding against Health Canada alleging its failure to regulate breast implants manufactured by Dow Corning. It is not yet a class proceeding until it is certified by the Court.

A motion for certification of the proceeding as a class action was heard in the Ontario Superior Court of Justice in April 2006, but was adjourned. The motion resumed before the Courts on February 19th, 2007, and continued to February 21, 2007.

On May the 3rd, 2007, the Court released its decision and denied certification on the basis that the Statement of Claim does not disclose a cause of action.

Please do not contact the Courts for information about the proceeding as Court staff will not be able to advise you about the proceeding.

At this stage, the proceeding is not yet certified as a class proceeding. Notice has not yet been given to the potential class of claimants about this proceeding. Notice will be given to the class if and when the proceeding is certified.

Please check back periodically.

This website will post contact information in the near future about the intended class proceeding if and when the proceeding is certified.

We do not know anything in addition to what is written above. Please do not send questions by email or call us asking for additional information.


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