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Class action against Moncton-based medical cannabis producer certified by Nova Scotia Supreme Court

Growing flowers of cannabis intended for the medical marijuana market are shown at OrganiGram in Moncton, N.B., on April 14, 2016. THE CANADIAN PRESS/Ron Ward

A class-action lawsuit against a Moncton-based medical cannabis producer has been given the green light to proceed to trial, according to Halifax-based law firm Wagners.

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Wagners says a Nova Scotia Supreme Court judge released a decision on Jan. 18 to certify the action against OrganiGram.

The lawsuit stems from two recalls in late 2016 and early 2017 of OrganiGram cannabis that was produced between Feb. 1 and Dec. 16, 2016. Products allegedly tested positive for myclobutanil or bifenazate, which are both unauthorized pesticides.

Wagners, which is acting on behalf of those who bought the recalled product, says it has received reports of clients experiencing negative health effects. The law firm also says clients want to be refunded the money they spent on the recalled products because those items failed to meet their expectation of regulatory compliance.

Certification is the first step in a class action. Class-action lawsuits can only go ahead with a trial if they have been certified.

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OrganiGram has said it will aggressively defend itself against the lawsuit.

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