Organigram Medical Marijuana

Downton v. Organigram Inc., et al

Nova Scotia Supreme Court File: Hfx No. 460984

Wagners commenced a class proceeding on behalf of individuals who purchased medical cannabis from lensed producer Organigram between February 1, 2016 and December 16, 2016. These lots of cannabis have been recalled due to the presence of prohibited pesticides myclobutanil and bifenazate. The recalled lots are listed at the conclusion of the Notice of Action and Statement of Claim filed on March 3, 2017.

Wagners represents many individuals who purchased organic medical marijuana or cannabis products from Organigram of Moncton, New Brunswick which were exposed to pesticides and harmful additives.

If you, or a member of your family, purchased any lots of medical marijuana from Organigram which were subject to the recalls made by the company, you are eligible to be included as a Class Member in our proposed class action lawsuit.

To inform us of your interest and determine if you qualify for inclusion in Wagners’ prospective action, please fill out this registration form:

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Pour nous informer de votre intérêt et déterminer si vous remplissez les conditions pour être inclus dans l’action prospective de Wagners, veuillez remplir ce formulaire d’inscription:

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Updates & Latest Developments

Our next steps are to amend the pleadings (Notice of Action, Statement of Claim) and the Certification Order to conform with the decision of the Court of Appeal. This would include removing reference to “adverse health consequences claims.” Counsel for the Defendants have already consented to the form of both Orders.

Once the Orders have been issued by the Court, we will file the Third Amended Statement of Claim with the court, and proceed with the implementation and distribution of the Notice of Certification to all registered class members. Copies of the Orders, Third Amended Statement of Claim and Notice of Certification will be made available in the Documents section.

The Supreme Court of Canada issued its Judgment denying our Application for Leave to Appeal.

The Judgment may be found in the Documents section.

We have filed our Reply to Response to Application for Leave to Appeal with the Supreme Court of Canada.

The Reply may be found in the Documents section.

Organigram have filed its’ Response to Application for Leave to Appeal with the Supreme Court of Canada.

The Response may be found in the Documents section.

Dawn Rae Downton is seeking Leave to Appeal to the Supreme Court of Canada. She is hoping to challenge the Nova Scotia Court of Appeal’s decision which overturned the certification of claims alleging personal injury arising from consumption of Organigram’s recalled cannabis containing prohibited pesticides myclobutanil and/or bifenazate.

To view a copy of the Leave to Appeal Memorandum of Argument, please select the following link: Notice of Application and Memorandum of Argument


On April 30, 2020, the Nova Scotia Court of Appeal released its decision in the matter of Organigram Holdings Inc. et al v. Dawn Rae Downton. The appeal was filed by Organigram and sought to overturn aspects of the January 18, 2019 decision of the Nova Scotia Supreme Court that certified the lawsuit as a class action proceeding. The Court of Appeal found that the adverse health effects claims were too vague, and that there was no methodology by which the cause of the adverse health effects could be legally linked to the consumption of the contaminated marijuana. As a result, the consumer claims to obtain a refund of the money that class members spent on the recalled product will be permitted to proceed.

To view a copy of the Nova Scotia Court of Appeal’s decision, please select the following link: Appeal – Appeal of Certification Decision – RELEASED 2020 04 30

The Defendants have filed an appeal of certification, which will be heard at 2 p.m. on October 15, 2019 at the Court of Appeal in Halifax.

The Nova Scotia Supreme Court has certified this proceeding as a class action. To view the certification decision and the issued court Order for Certification, please select the following links:

Order for Certification issued February 14, 2019

Certification Decision dated January 18, 2019


Class-action lawsuit against OrganiGram gets green light – CBC January 21, 2019

Class action against Moncton-based medical cannabis producer certified by Nova Scotia Supreme Court – Global January 21, 2019

Lawsuit against medical pot producer Organigram to go forward – Digital Journal January 22, 2019

Court OKs trial in OrganiGram class action – The Herald January 22, 2019

Organigram Inc. is a supplier of certified organic cannabis (marijuana) with headquarters based in Moncton, New Brunswick. Organigram supplies thousands of Canadians with dried and oil-based medical marijuana and cannabis products. The company promotes itself as offering organic cannabis that is free of harmful chemical pesticides.

On December 28, 2016, Organigram issued a recall of a number of its products after five lots of cannabis tested positive for the presence of myclobutanil and/or bifenazate. These are pesticides that are not authorized for use on cannabis plants under the Pest Control Products Act. The levels of pesticides detected in the cannabis were higher than is allowed in consumer products. Organigram expanded the recall to include all cannabis and/or marijuana (either dried or in oil form) products produced between February 1, 2016 and December 16, 2016.

Wagners Law Firm filed a proposed class action on March 3, 2017, against Organigram Inc. and Organigram Holdings Inc. with respect to the presence of myclobutanil and/or bifenazate in its organic medical marijuana and cannabis products.

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 3, 2017.

Health Canada has issued an alert advising consumers and users of the potential contamination and possible harmful health consequences associated with the cannabis products made by Organigram (http://healthycanadians.gc.ca/recall-alert-rappel-avis/hc-sc/2017/61750r-eng.php).

Wagners is registering individuals who wish to participate in the proposed class action against Organigram. If you or a loved one purchased from OrganiGram cannabis for medical purposes that has been the subject of a voluntary or involuntary recall as of February 14, 2019, please do not hesitate to contact us to be included in the class action.

Certification was granted on January 18, 2019.