PROCEDURAL HISTORY
1. By reasons released April 10, 2008 and supplementary reasons released June 17, 2008, Justice Cullity of the Ontario Superior Court of Justice certified the action as a class proceeding. The certification order may be reviewed here.
2. Guidant brought a motion for leave to appeal the decision of Justice Cullity. On January 6, 2009, the Divisional Court dismissed Guidant’s motion for leave to appeal. The reasons of the Divisional Court may be reviewed here.
3. On April 6, 2009, Guidant brought a motion to amend the class definition. On June 11, 2009, Justice Cullity dismissed Guidant’s motion. His reasons may be reviewed here.
4. On June 18, 2009, Guidant brought a motion for leave to appeal the June 11, 2009 decision of Justice Cullity. On October 5, 2009, the Divisional Court dismissed Guidant’s motion for leave to appeal. The reasons of the Divisional Court may be reviewed here.
5. On December 4, 2009, the plaintiffs brought a motion to compel Guidant to produce the telephone numbers and dates of birth of the class members and to approve the Notice of Certification. Justice Cullity granted the plaintiffs’ motion. A copy of Justice Cullity’s order may be reviewed here.
6. Class Counsel will soon begin the process of obtaining Guidant’s documents and preparing for examinations for discovery.
