J. QUEEN’S BENCH FOR SASKATCHEWAN Citation: 2010 SKQB 264 Date: 2010 07 26 Docket: Q.B.G. 768 of 2008 Judicial Centre: Regina BETWEEN: MICHELLE DUZAN, INDIVIDUALLY, AND CARTER DUZAN, AN INFANT, BY HIS NATURAL MOTHER AND LITIGATION GUARDIAN, MICHELLE DUZAN PLAINTIFFS (RESPONDENTS) and GLAXOSMITHKLINE, INC., AND GLAXOSMITHKLINE UK LIMITED DEFENDANTS (APPLICANTS) Counsel: E.F. Anthony Merchant, Q.C. and Casey Churko for the plaintiffs Robert W. Leurer, Q.C. and Khurrum Awan for the defendants FIAT BALL J. July 26, 2010 [1] The defendants apply for an order setting a date for the hearing of the plaintiffs’ application for an order certifying this action as a class action pursuant to The Class Actions Act, S.S. 2001, c. C-12.01, as am. [2] The background to this litigation is adequately described in the court’s fiat dated August 26, 2009, which established dates for steps to be taken prior to the hearing of the plaintiffs’ motion for certification in October of 2010. The plaintiffs have not met that schedule in that they have failed to deliver their written arguments and authorities by June 30, 2010 as directed. In addition, the plaintiffs have not applied for an order extending the time lines established in the court’s fiat of August 26, 2009, and they have given no indication that they wish to do so. On the hearing of this motion, counsel for the plaintiffs offered no explanation for their failure to meet the prescribed time lines other than to say that “we are talking to people”. [3] Although the time lines established by the court have expired, there will be an order granting leave to the plaintiffs to serve and file an application extending the times within which steps may be taken leading up to the hearing of the plaintiffs’ certification motion. If such an application is made, it shall be:(a) Served and filed on or before August 27, 2010;(b) Made returnable on September 23, 2010 at 10:00 a.m or such other date as may be designated by the court on application by the plaintiffs; and(c) Provide for the hearing of the certification motion to be held on or before February 18, 2011. If the plaintiffs fail to serve and file the application by August 27, 2010, the defendants may apply for an appropriate remedy.
Defendants brought an application for an order setting a date for the plaintiffs' application for certification of the class action. The plaintiffs had failed to meet the litigation schedule by failing to deliver their written arguments and authorities and had not applied for an extension. HELD: The order of the Court established a timeline for the plaintiffs certification application and set a hearing date.