On March 6, 2017, Roy O'Connor LLP issued a proposed class action lawsuit on behalf of a proposed representative plaintiff against medical marijuana producer Mettrum Ltd.
The lawsuit alleges that Mettrum Ltd used unauthorized pest control products in the production of some of its medical marijuana products between September 2014 and November 2016.
A settlement has been reached in this action. The settlement was approved by the Ontario Superior Court of Justice in Reasons for Decision released on January 25, 2021 as being fair, reasonable and in the best interests of the Class Members. Payments to eligible Class Members were mailed out by the Court-approved administrator on November 23, 2021.
Who is Affected by the Settlement?
Class Members will be affected by the settlement. Under Ontario law, if you are a person falling within the Class definition, you will automatically be included in the Class unless you choose to be excluded from this proceeding (as described below). This includes Class Members who reside anywhere in Canada, not just in Ontario. The proposed class definition consists of anyone who purchased the Recalled Products, including dried marijuana and cannabis oil, between September 2014 and November 2016. Class Members should receive a written notice informing them of the approval of the settlement by email or regular mail. Please click here to view or download a copy of the court-approved Notice of Settlement Approval.
What Settlement has been Reached in this Class Action?
Mettrum and the Representative Plaintiff have agreed to settle the class action for a total all-inclusive payment of $6.95 million. The settlement was reached following extensive negotiations between the parties. Please click here to view or download a copy of the approved Settlement Agreement.
Mettrum does not admit any liability, wrongdoing or fault in this matter, and none of the allegations against Mettrum have been proven. The agreement to settle this matter does not imply any such liability, wrongdoing or fault on the part of Mettrum, and Mettrum expressly denies all such liability, wrongdoing and fault.
The $6.95 million will cover all compensation to the Class Members for all damages arising from their purchase of the recalled marijuana medical marijuana from Mettrum and use of such products, legal fees and related disbursements (including taxes), the costs of administration and distribution of money to Class Members, and a 10% statutory levy. In exchange for its $6.95 million payment, Mettrum will receive a full release of all claims and potential claims that Class Members may have against Mettrum for any sort of alleged or perceived damages.
Class Members do not have to make an application to receive compensation. Compensation payments will be calculated based on a review of Mettrum's records. Class Members will receive a letter or letters explaining the calculation of their entitlement to compensation for each stage and a corresponding cheque.
The compensation paid to Class Members will be paid from the amount of money remaining after deducting the Court-approved legal fees and disbursements (including taxes) as well as the costs of administering and distributing the money to Class Members, from the $6.95 million. The money to be distributed to the Class Members will reimburse them for some or all of the purchase price paid for any Recalled Products they ordered.