Roy O’Connor LLP has been working with Wagners on the class action  Dawn Rae Downton v. Organigram Holdings Inc. and Organigram Inc. On February 14, 2019, the Supreme Court of Nova Scotia issued an order certifying the class action.

The action was certified on behalf of all persons and entities who purchased from Organigram Inc., a cannabis for medical purposes that has been recalled as of February 14, 2019. There were two recalls of the products, on December 28, 2016, and January 9, 2017, due to the detection of bifenazate, an insecticide, and myclobutanil, a pesticide, which are not authorized for use on cannabis plants. The recalled products include dried marijuana and cannabis oil that were produced between February 1, 2016 and December 16, 2016.

The certified action alleges that Class Members did not receive the product they had bargained for, and the Defendants’ conduct fell below the standard of care, and Class Members should therefore be provided with a return of the purchase price.

Update – Settlement Approved 

In 2022 the parties reached an agreement to settle this class action.

Under the Settlement, the Defendants will pay $2,310,000.00 CDN, in addition to the costs of administering notice and the settlement, to provide to Class Members a partial refund of the amounts they paid to purchase the recalled cannabis product, minus any amounts already refunded, legal fees and disbursements.

The Settlement Approval Motion took place on August 31, 2022 at The Law Courts in Halifax. The Supreme Court of Nova Scotia approved the Settlement Agreement as fair and reasonable and in the best interests of the Class.

The Settlement applies to all persons and entities who purchased from Organigram cannabis for medical purposes that had been recalled as of February 14, 2019 (excluding Veterans Affairs Canada and Aurora Cannabis Inc.). Further details are contained in the Settlement Agreement.

The distribution of individual payments to Class Members is expected to commence by the end of October, 2022. Around that time, Class Members will receive notice of the Settlement Approval and the calculation of their individual payment amount, with an Interac e-Transfer to follow shortly thereafter. For Class Members who do not use email, that same information will be sent via regular mail, with a corresponding cheque in the amount of the individual payment.

• Please click here to view or download the email version of the Notice of Settlement Approval.
• Please click here to view or download the regular mail version of the Notice of Settlement Approval. 

The Court has appointed RicePoint Administration Inc. as the Settlement Administrator. RicePoint will send out the notice and distribute the settlement funds. Other than ensuring that RicePoint has your updated contact information, you are not required to do anything.

If you have any questions about the Settlement Agreement or your individual payment, please contact RicePoint at:

RicePoint Administration Inc.

Email: organigram@ricepoint.com

More Information

For a copy of the proposed Settlement Agreement or for questions relating to the Settlement Agreement, please visit Wagners’ website at www.wagners.co or contact Wagners at the below contact information:

Wagners

1869 Upper Water Street

Suite PH 301, Pontac House

Historic Properties

Halifax NS  B3J 1S9

Telephone: 1-800-465-8794/902-425-7330

Email: classaction@wagners.co