Supreme Court won't stop Moncton mothers' class-action suit over labour-inducing drug
Horizon and former nurse had asked that top court review an N.B. Court of Appeal decision
Canada's top court will not review a New Brunswick court's decision allowing a class-action lawsuit by mothers who allege a Moncton Hospital nurse gave them a delivery drug without their consent.
The Supreme Court of Canada confirmed Thursday on its website that it dismissed a request to review a decision made by the New Brunswick Court of Appeal.
The case in question is a class action lawsuit against Horizon Health Network, one of the province's two regional health authorities, and Nicole Ruest, who used to work as a nurse at the Moncton Hospital.
The lawsuit filed in 2019 alleges that Ruest gave a labour-inducing drug to Jayde Scott, the representative plaintiff, and other expectant mothers, in the hospital's labour and delivery unit although the women did not agree to it.
In February, both Horizon and Ruest sought permission from the Supreme Court to appeal a 2024 decision by New Brunswick's top court, which ruled the lawsuit could move forward as a class action. In a class action, one or more people sue on behalf of a larger group alleging common issues.
A New Brunswick Court of King's Bench Justice had previously ruled the class action should not be certified.
The Supreme Court of Canada takes a limited number of cases across the country that it deems important to the public.
Guy Pratte, a lawyer representing Ruest previously told CBC News, the permission to appeal was sought from the Supreme Court "to clarify the circumstances when class actions are appropriate."
In an emailed statement, a spokesperson for Horizon said it would be inappropriate to comment on a matter before the court.
The CBC also requested comment from lawyers representing Horizon but did not receive a response.
Virginia Gillmore, who will represent the plaintiffs, said between 200 and 300 mothers have expressed interest in being involved in the lawsuit.
And although the Supreme Court decision not to allow an appeal was the best outcome for the plaintiffs, she said, the case is far from over.
"This decision, it settles a kind of preliminary question," she told Radio-Canada in an interview. "We still have several steps to go before we can even approach a place where we might be looking at settlement."
John McKiggan, who also represents the plaintiffs, said they are "very pleased" their case can now move forward.
"The class members can finally get full disclosure of everything the Hospital knew about this dangerous situation," McKiggan wrote in an email to CBC. "We will also have the opportunity to question the Hospital and nurse Ruest."
Gillmore said the decision makes it mandatory for the hospital to disclose any relevant information "they've been sitting on."
"This is great news for all the Moms who have been waiting for answers for the last six years."
Ruest worked in the Moncton hospital's labour and delivery unit from 2010 to 2019.
Scott alleges Ruest gave her oxytocin, which induces contractions, without her consent, and this led to an emergency caesarian section.
Horizon carried out an internal investigation, and Ruest was fired.
Both Ruest and Horizon filed statements of defence earlier in the case, denying any wrongdoing.
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