Frequently Asked Questions

  1.   How and when will Claim Forms be available?
  2.   What is a class action?
  3.   What is the class action about?
  4.   Why is there a proposed settlement?
  5.   Who is included in the Class?
  6.   What compensation will be paid under the proposed settlement if the Court approves it?
  7.   When will individuals receive compensation?
  8.   How will individuals receive compensation?
  9.   How will the lawyers be paid?
  10.   What am I giving up in the proposed settlement?
  11.   Can I remove myself from the proposed settlement?
  12.   Who are the lawyers representing me?
  13.   Do I have to pay class counsel?
  14.   What if I want my own lawyer?
  15.   How do I tell the Court that I do not like the proposed settlement or the amounts paid to Class Counsel?
  16.   When and where will the Court decide whether to approve the proposed settlement?
  17.   Do I have to attend court to object?
  18.   May I speak at the hearing?
  19.   What if I do nothing?
  20.   What if I need more information?

Answers

  1.   How and when will Claim Forms be available?
  A.   Claim Forms will be available through a link to the online claims administration portal or on this website or by contacting the Claims Administrator if the Court approves the Settlement at the Settlement Approval Hearing on September 29, 2022.
     It is very important that Class Members visit this website on a regular basis for updates.
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  2.   What is a class action?
  A.   In a class action, one or more people called “Plaintiffs” or “Representative Plaintiffs” sue on behalf of people who have similar claims. All of those people are called a “Class” or “Class Members”. The courts resolve the issues for everyone affected.
     The Representative Plaintiffs in this case are the Estate of Raymond Duck (Ontario Action), Steven Varnai and Joanne Giroux (Quebec Action) and Ronald Allen Fiddler (Saskatchewan Action). The lawyers for the Class (“Class Counsel”) are Siskinds LLP (Ontario Action), Siskinds Desmeules, Avocats (Quebec Action) and Merchant Law Group LLP (Saskatchewan Action).
     The Defendants in the class action are Janssen Inc., Janssen Pharmaceuticals Inc., Janssen Ortho LLC, Johnson & Johnson, and Johnson & Johnson Inc.
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  3.   What is the class action about?
  A.   The Representative Plaintiffs allege that the Defendants were responsible manufacturing and selling Invokana®, which it knew or ought to have known may cause serious side effects and injuries, including:
    
  • Increased risk of lower limb amputations (toe, foot, and leg);
  • Ketoacidosis;
  • Increased risk of acute renal failure;
  • Acute kidney injuries; and
  • Death.
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  4.   Why is there a proposed settlement?
  A.   The Representative Plaintiffs and the Defendants have agreed to a proposed settlement. By agreeing to a proposed settlement, the parties avoid the costs and uncertainties of a trial and delays in obtaining judgment and Class members receive the benefits described in this notice (if the Court approves the proposed settlement).
     The Representative Plaintiffs and their lawyers believe that the proposed settlement is in the best interests of all Class Members.
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  5.   Who is included in the Class?
  A.   The Ontario class includes:
  1. All persons resident in Canada (at the time of the certification order), with exception of Saskatchewan Class Members and Quebec Class Members, who were prescribed and used Invokana®, Invokamet®, and/or Invokamet XR® in Canada at any time on or before the date of the certification order; and
  2. All persons, with exception of Saskatchewan Class Members and Quebec Class Members, who by virtue of a personal relationship to one or more of such persons described in (i) above have claims for common law or statutory damages.
     The Quebec Class includes:
  1. All persons resident in Quebec (at the time of the authorization) who were prescribed and used Invokana®, Invokamet®, and/or Invokamet XR® in Quebec at any time on or before the date of the certification order; and
  2. All persons, who by virtue of a personal relationship to one or more of such persons described in (i) above have claims for common law or statutory damages.
     The Saskatchewan Class includes:
  1. All persons resident in Saskatchewan (at the time of the certification order) who were prescribed and used Invokana®, Invokamet®, and/or Invokamet XR® in Saskatchewan at any time on or before the date of the certification order; and
  2. All persons who by virtue of a personal relationship to one or more of such persons described in (i) above have claims for common law or statutory damages.
     Please contact the Claims Administrator, Trilogy Class Action Services, with any questions, or to register an objection:
     Invokana® Class Action Class Administrators
117 Queen Street, P.O. Box 1000,
Niagara-on-the-Lake, Ontario L0S 1J0
Tel (toll-free): 1‑877‑400‑1211
Fax: 416-342-1761

https://www.invokanacanadasettlement.com
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  6.   What compensation will be paid under the proposed settlement if the Court approves it?
  A.   If the Settlement is approved, the Defendants will pay $1,500,000.00 to establish a settlement fund to compensate Class Members, pay class counsel’s legal fees and disbursements, and pay for the administration of the settlement.
     The net settlement funds will be divided between Class Members on the magnitude of their damages.
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  7.   When will individuals receive compensation?
  A.   Nothing will be paid unless the Court approves the proposed settlement. Payment will be made to individuals after the settlement approval order becomes final and the deadline passes for submitting claims.
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  8.   How will individuals receive compensation?
  A.   Individuals eligible for compensation must submit their claims to the Claims Administrator to receive payment. No claims forms will be available until the Court approves the proposed settlement.
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  9.   How will the lawyers be paid?
  A.   The lawyers for the Class will be paid out of the settlement fund. The lawyers will not be paid until the Court decides that the fees requested are fair and reasonable. The Court will decide how much the lawyers should be paid.
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  10.   What am I giving up in the proposed settlement?
  A.   If the Court approves the settlement, you will give up your right to sue the Defendants for the claims resolved and released by the proposed settlement.
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  11.   Can I remove myself from the proposed settlement?
  A.   No. If you do not like the settlement, you must object before it is approved. If it is approved, you will not be able to remove yourself from the settlement even if you do not like it.
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  12.   Who are the lawyers representing me?
  A.   Class Counsel are:
     Siskinds LLP
275 Dundas Street, Unit 1
P.O. Box 2520
London, Ontario, N6B 3L1
Tel: (519) 672‑2121
Fax: (519) 672-6065
Charles M. Wright
Email:
     Siskinds Desmeules, Avocats
43 Rue De Buade
Bureau 320
Quebec City, Quebec, G1R 4A2
Tel: (418) 694‑2009
Fax: (418) 694-0281
Erika Provencher
Email:
     Merchant Law Group LLP
100-2401 Saskatchewan Drive
Regina, Saskatchewan, S4P 4H8
Tel: (306) 359‑7777
Fax: (306) 522-3299
E.F. Anthony Merchant, Q.C.
Email:
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  13.   Do I have to pay class counsel?
  A.   Not directly. Class counsel will ask the Court to approve their fees. Class Counsel’s fees will be paid out of the settlement funds.
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  14.   What if I want my own lawyer?
  A.   If you want to hire your own lawyer, you may do so at your own expense.
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  15.   How do I tell the Court that I do not like the proposed settlement or the amounts paid to Class Counsel?
  A.   If you do not like some part of the proposed settlement, or you do not like Class Counsel’s fees and disbursements, or you do not like the honoraria for the Representative Plaintiffs, you may object. The Court will consider your views. To object, your must send the following information to one of the Class Counsel at the addresses listed in FAQ 12:
    
  1. your name, address, phone number, and email address;
  2. a statement saying you object to the proposed settlement;
  3. the reasons you object to the proposed settlement; and
  4. your signature.
     The Class Counsel must receive notice of your objection by September 24, 2022.
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  16.   When and where will the Court decide whether to approve the proposed settlement?
  A.   The court will hold a hearing on September 29, 2022. You may attend in person at the Supreme Court of Saskatchewan in Regina, the Ontario Superior Court of Justice in London, or Superior Court of Quebec in Montreal.
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  17.   Do I have to attend court to object?
  A.   No. If you send an objection to Class Counsel you do not have to talk about it in court. The Court will consider objections received in time even if you do not attend the hearing. You or your lawyer may attend in person at the hearing of the settlement approval application.
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  18.   May I speak at the hearing?
  A.   You may ask the Court for permission to speak at the hearing of the settlement approval application. To do so, you must give Class Counsel notice of your objection and indicate you wish to speak to the Court. The application to approve the settlement agreement will be heard on September 29, 2022.
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  19.   What if I do nothing?
  A.   Individuals who are eligible to participate in the proposed settlement who do nothing will be bound by the settlement if the Court approves it. Those individuals will be eligible for compensation but they will give up their right to object to the settlement.
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  20.   What if I need more information?
  A.   You may contact the Claims Administrator at:
     Invokana® Class Action Class Administrators
117 Queen Street, P.O. Box 1000,
Niagara-on-the-Lake, Ontario L0S 1J0
Tel (toll-free): 1‑877‑400‑1211
Fax: 416-342-1761

https://www.invokanacanadasettlement.com
     You may contact Class Counsel at:
    
Siskinds LLP
275 Dundas Street, Unit 1
P.O. Box 2520
London, Ontario, N6B 3L1
Tel: (519) 672‑2121
Fax: (519) 672-6065
Charles M. Wright
Email:
    
Siskinds Desmeules, Avocats
43 Rue De Buade
Bureau 320
Quebec City, Quebec, G1R 4A2
Tel: (418) 694‑2009
Fax: (418) 694-0281
Erika Provencher
Email:
    
Merchant Law Group LLP
100-2401 Saskatchewan Drive
Regina, Saskatchewan, S4P 4H8
Tel: (306) 359‑7777
Fax: (306) 522-3299
E.F. Anthony Merchant, Q.C.
Email:
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