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Overview

Partington v. Mettrum Inc., et al

Nova Scotia Supreme Court File: Hfx No. 461301

A Notice of Action and Statement of Claim were filed on March 13, 2017. Wagners is collaborating with Roy O’Connor in Toronto. The certification hearing in Ontario is scheduled to be heard within 2 weeks after the date of November 24, 2018. Mettrum Ltd. is a supplier of medical cannabis (marijuana) with headquarters based in Ontario. Mettrum supplies thousands of Canadians with dried and oil-based medical marijuana and cannabis products. Mettrum Ltd. was a subsidiary of Mettrum Health Corp., with both companies now owned by Canopy Growth Corporation. In October of 2016, a Health Canada inspection at Mettrum facilities detected that cannabis plants were treated with a product containing pyrethrins, an undeclared pesticide not authorized for use on cannabis plants. As a result, on or about November 1, 2016, Mettrum initiated a voluntary Type III recall for fifteen different types of its medical cannabis products, including one hundred and fifteen lots of dried marijuana and cannabis oil, sold between September 30, 2014 and October 21, 2016. Health Canada performed further testing of Mettrum medical cannabis products, and discovered they contained myclobutanil, a fungicidal pesticide not authorized for use on cannabis or other products that might be consumed by smoking, On or about December 1, 2016, Mettrum notified its customers of an expanded recall of three further dried medical cannabis product lots. Mettrum provided no reason for the expanded recall and made no mention of myclobutanil. On or about January 9, 2017, Mettrum notified its customers of an expanded recall of five further different types of its dried cannabis and cannabis oil products. Mettrum provided no reason for the expanded recall and made no mention of myclobutanil. On or about January 28, 2017, Mettrum notified its customers of yet another recall of a further twelve different types of its dried cannabis and cannabis oil products. Again, Mettrum provided no reason for the expanded recall and made no mention of myclobutanil. Approximately one hundred and eighty-five lots of products produced between January 1, 2016 and November 17, 2016 have ultimately been recalled due to the presence of myclobutanil. The lots that are the subject of the recalls may be found as a schedule at the end of the Notice of Action and Statement of Claim which was filed on March 13, 2017. Wagners is registering individuals who wish to participate in the proposed class action against Mettrum. If you or a loved one has purchased or consumed cannabis products produced and sold by Mettrum, you are welcome to visit the registration tab to obtain a copy of the registration form. Wagners represents many individuals who purchased organic medical marijuana or cannabis products from Mettrum which were exposed to pesticides and harmful additives.

This class action has been settled, please read the May 6, 2021 update below for further information.

Updates & Latest Developments

May 6, 2021

Wagners is working together with the Ontario firm of Roy O’Connor LLP in the parallel class action filed in the Province of Ontario, Christiansen v. Mettrum Ltd., Ontario Superior Court File 820/17.

A national settlement for the all-inclusive amount of $6.95 million has been reached in Christiansen. It applies nationally.

The national classes on behalf of whom the Nova Scotia and Ontario proposed class actions were filed are identical in both actions. Anyone who had purchased the recalled cannabis products, regardless of their jurisdiction of residence, will receive Notice of the settlement.

The settlement approval hearing was held on December 16, 2020 before the Honourable Justice David Salmers. Justice Salmers issued his reasons on January 25, 2021 approving the Settlement Agreement and legal fees.

A component of the approved Settlement Agreement states that the action filed by Wagners in the Supreme Court of Nova Scotia shall be dismissed on consent, with prejudice, without costs and without notice to the Class pursuant to a final Order approving the dismissal. The dismissal order in the Nova Scotia action has been signed by a judge of the Supreme Court of Nova Scotia and a court issued copy will be forthcoming.

The dismissal of the Nova Scotia action constitutes a necessary step in the implementation of a Court-approved Settlement Agreement that delivers a fair and reasonable result for class members.

If you have any questions or concerns related to the Settlement Agreement, you can contact Roy O’Connor LLP, or speak with us.

October 16, 2020

Please see the Documents section to view the Notice of Certification and Proposed Settlement. The Notice is available in both English and French. Please read the Notice carefully as it contains important information concerning your legal rights.

The Ontario Superior Court of Justice will hold a hearing via video conference on December 16, 2020 to decide whether to approve the settlement.

April 12, 2019

The Ontario certification hearing, which was originally scheduled for May 13, 14 & 15, 2019, was adjourned. New dates will be scheduled.

Documents

October 16, 2020

Mettrum Settnoticeenglish

October 16, 2020

Mettrum Settnoticefrench

March 17, 2017

Mett Ontamendsoc 20170317

March 13, 2017

Mett Soc 20170313

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