Had this pop up in my email
On April 22, 2022, the Federal Court of Canada certified a class action lawsuit against His Majesty the King (“Health Canada”) concerning the mailing of approximately 40,000 letters to participants in the Marihuana Medical Access Program in November 2013, in envelopes referring explicitly to the “Marihuana Medical Access Program” or “Programme d'acces a la marihuana a des fins medicales” (the “Letters”). The lawsuit is brought on behalf of all persons who were sent a letter from Health Canada in November 2013 that had the phrase Marihuana Medical Access Program or Programme d’acces a la marihuana a des fins medicales visible on the envelope. On December 6, 2023, the Federal Court released its judgment and reasons in John Doe v. Canada, 2023 FC 1636, granting the Plaintiffs’ summary judgment application in part. The Court dismissed the Plaintiffs’ claim for breach of confidence and for aggregate damages (a baselevel award payable to all Class Members) but found that Health Canada owed the Class Members a duty of care and that it breached the duty owed in the circumstances. However, the Court determined that the Class Members’ claims for negligence could not be determined in common and may only be pursued by individual trials or assessments, the process for which will be determined at a later date. The common issues were determined by order of the Federal Court on December 6, 2023 as follows: Q 1: Did Health Canada owe the Class Members a duty of care in its collection, use, retention and disclosure of the Personal Information? A: Yes. Q 2: If yes, did Health Canada breach that duty of care when it sent the Envelope? A: Yes. Q 3: Did the Class Members communicate the Personal Information to Health Canada? A: Yes. Q 4: If yes, did Health Canada misuse the Personal Information in its collection, use, retention or disclosure of the Personal Information? A: Yes Q 5: If yes, was such misuse of the Personal Information to the detriment of the Class Members? A: No. Q 6: If yes, did Health Canada breach the confidence of the Class Members in its collection, retention or disclosure of the Personal Information? A: No. Q 7: Is the Defendant liable to pay damages incurred by the Class Members for the causes of action? A: With respect to negligence, Question 7 cannot be answered. Although Questions 1 and 2 are answered in the affirmative, damages for negligence can be determined only on an individual basis where the Class Member establishes that they suffered damages that were caused by Health Canada’s breach of the duty of care. Whether any Class Members will do so remains to be seen. The process for such claims can be determined via case management. A: With respect to the cause of action for breach of confidence, No. Q 8: Can the Class Members’ damages be assessed in the aggregate pursuant to Rule 334.28(1)? A: No. Q 9: Does Health Canada’s conduct justify an award of punitive damages? A: No. The Plaintiffs and Defendants agree that an award of punitive damages is not appropriate in this case. Q 10: Are the Class Members entitled to pre and post-judgment interest pursuant to the Crown Liability and Proceedings Act, RSC c C-50? A: This cannot be answered at this time. WHAT DOES THIS MEAN? This means that the Court determined that damages could only be paid to Class Members who can show that they suffered a “compensable harm” as a result of the Letters. Compensable harm includes a physical injury or a mental injury that is serious and prolonged, and rises above the ordinary annoyances, anxieties and fears that people living in our modern society routinely experience. It may include any consequential pecuniary (money) losses incurred due to physical or mental injury. Monetary losses may also be recoverable (i.e., security expense, moving expense, property damage, income loss, etc.). Individual damages and causation must be supported by evidence and will be assessed on a case-by-case basis. WHAT HAPPENS NEXT? If you are a Class Member, and have not opted out of the class proceeding, you may be able to make a claim against Health Canada for specific individual damages you may have suffered. WHAT IF I WANT TO MAKE A CLAIM? If you are interested in advancing an individual damages claim, you must register online at and complete the online Individual Damages Claim Questionnaire (the “Questionnaire”). You will have until June 26, 2025 to register online and complete the Questionnaire. If you do not register and complete the Questionnaire, by June 26, 2025, you will not be eligible to receive any compensation in this class action. If you require assistance in filling out the Questionnaire or have any questions, please contact Class Counsel (contact information below). Note that completing the online Questionnaire does not entitle you to receive money or constitute the filing of a claim. The procedure for filing and determining individual damages will be determined at a later date. By completing the Questionnaire, Class Counsel will be able to identify whether you may have a compensable claim. The Questionnaire will ask you whether you intend to make a claim, and if so, it will prompt you to describe the claim, and ask you to provide supporting documentation. All information provided via the Questionnaire is strictly confidential until a claim is made. Class Counsel will review the Class Member’s Questionnaire, to identify a process for individuals who wish to pursue compensation for their individual claims, that will be subject to Court approval. A further notice will then be issued regarding the steps that must be taken to file an individual claim. DO I NEED TO PAY ANYTHING TO MAKE AN INDIVIDUAL CLAIM? Class Counsel are available to act for Class Members who have, in the opinion of Class Counsel, meritorious claims. Fees and disbursements are payable to Class Counsel on the Individual Damages awarded on a contingency basis (i.e., no fee is paid if no recovery) and will be determined on a case-by-case basis. Please note that individual claims may be subject to a cost order against either party, at the discretion of the Court. If you want to make an individual claim but do not wish to be represented by Class Counsel, you must still register online at by June 26, 2025 in order to be eligible. However, please note that Class Counsel’s fees may still be deducted from any individual compensation, subject to Court approval, regardless of whether you choose to be represented by Class Counsel or not. WHAT IF I DO NOT WANT TO MAKE A CLAIM? If you do not want to make an individual claim, you do not need to do anything. WANT MORE INFORMATION? More information on the case is available at . If you still have questions, you can contact any of the lawyers at debbie.tocco@swslitigation.com:
THIS NOTICE HAS BEEN AUTHORIZED BY THE FEDERAL COURT OF CANADA |
