Miralex Skin Cream

No.S000294
Vancouver Registry

IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN:

STEPHEN ALAN HEAD
PLAINTIFF

AND:

MIRALEX HEALTH CARE INC. AND HUESON PHARMACEUTICAL CORP.
DEFENDANTS

BROUGHT PURSUANT TO THE CLASS PROCEEDINGS ACT R.S.B.C. 1996, c.50

CERTIFICATION ORDER

BEFORE MR. JUSTICE MACZKO
TUESDAY, THE 6TH DAY OF FEBRUARY, 2001

THE APPLICATION of the Plaintiff coming on for hearing before me this day in the presence of Ward K. Branch and James Hanson, counsel for the Plaintiff, P.W. Walker and L.A. Ruzicka, counsel for the Defendant, Miralex Health Care, Inc., and Peter Hughes, appearing in person for the Defendant, Hueson Pharmaceutical Corp.; AND UPON READING the following affidavits sworn herein:

and the pleadings and proceedings had and taken herein; AND UPON HEARING WHAT WAS ALLEGED BY COUNSEL AFORESAID:

THIS COURT ORDERS THAT the within action be certified as a class proceeding;

THIS COURT FURTHER ORDERS THAT the style of cause, Writ of Summons and Statement of Claim be amended to add David Bown as a Plaintiff to this action;

AND THIS COURT FURTHER ORDERS THAT Stephen Head and David Bown be appointed as representative Plaintiffs in the class proceeding;

AND THIS COURT FURTHER ORDERS THAT the class is defined as:

All persons who purchased or received Miralex cream distributed by either Defendant who used the cream on their person and are alleged to have suffered injury and/or to be entitled to return of amounts paid for the cream;

AND THIS COURT FURTHER ORDERS THAT Stephen Head be appointed as representative plaintiff for those class members resident in British Columbia (the "B.C. Subclass");

AND THIS COURT FURTHER ORDERS THAT David Bown be appointed as representative plaintiff for those class members resident outside of British Columbia (the "Non- resident Subclass");

AND THIS COURT FURTHER ORDERS THAT the nature of the claims asserted by the class as against the Defendants are negligence, and violations of the Competition Act, Sale of Goods Act, and Trade Practice Act;

AND THIS COURT FURTHER ORDERS THAT the relief sought by the class is for recovery of:

  1. general and special damages;
  2. aggravated damages;
  3. punitive damages;
  4. costs pursuant to section 37 of the Class Proceedings Act, R.S.B.C. 1996, c. 50; and
  5. interest pursuant to the Court Order Interest Act, R.S.B.C. 1996, c. 79.

AND THIS COURT FURTHER ORDERS THAT the following questions be certified as common issues in the class proceeding:

AND THIS COURT FURTHER ORDERS THAT notice of certification be given to the class members by the following means:

  1. notice in the form attached as Schedule I hereto ("Notice"), be published in the National Post, Globe & Mail, and Journal de Montreal twice, on successive Saturday editions;
  2. the Notice be mailed, by or at the direction of Guild Yule and Company through Canada Post regular mail, to all persons who used Miralex cream known to the Plaintiff, Stephen Head, and David Bown and the Defendants;
  3. the Notice be supplied to the Canadian Psoriasis Foundation with a request that it be published in its newsletter, or otherwise provided to its membership;
  4. the Notice be published on the respective web sites of counsel for the Plaintiff, Messrs. Branch, MacMaster and Hanson, Wirsig;

AND THIS COURT FURTHER ORDERS that the Defendant, Miralex Health Care, Inc., pay the reasonable costs of publishing the Notice as described in the immediately preceding paragraph, subparagraphs "1." and "2." hereof;

AND THIS COURT FURTHER ORDERS THAT a class member who is a resident of British Columbia may opt out of this proceeding by notifying Hanson Wirsig or Branch MacMaster in writing, in a form provided by them and returned to them by no later than April 30, 2001;

THIS COURT FURTHER ORDERS THAT a class member who is a not a resident of British Columbia may opt in to this proceeding by notifying Hanson Wirsig or Branch MacMaster in writing or by electronic mail by no later than June 30, 2001.

BY THE COURT

______________________________
DISTRICT REGISTRAR

APPROVED AS TO FORM:

______________________________
Counsel for the Plaintiffs

______________________________
Counsel for the Defendant,
MIRALEX HEALTH CARE INC.

______________________________
Peter Hughes, for the Defendant,
HUESON PHARMACEUTICAL CORP.

BRANCH MACMASTER
Barristers & Solicitors
1210 - 777 Hornby Street
Vancouver, BC V6Z 1S4
Telephone: (604) 654-2999
Facsimile: (604) 684-3429
Attention: Ward K. Branch
HANSON WIRSIG
Barristers & Solicitors
111 - 15225 104 Ave
Surrey B.C. V3R 6Y8
Attention: James Hanson