The Supreme Court of Canada won’t block a class-action suit by Moncton mothers over claims of being given a labour-inducing drug without consent.
Supreme Court Dismisses Appeal in Drug Consent Case
On Thursday, the Supreme Court of Canada declined to hear an appeal that aimed to block a proposed class-action lawsuit filed by mothers in Moncton, New Brunswick. The case alleges that a former nurse at The Moncton Hospital administered a labour-inducing drug without patients’ consent.
Allegations Involving Former Nurse and Health Authority
The lawsuit, originally filed in 2019, names Nicole Ruest, a former nurse in the hospital’s labour and delivery unit, and Horizon Health Network, one of New Brunswick’s two regional health authorities. The lead plaintiff, Jayde Scott, claims she was given oxytocin, a drug used to stimulate contractions, without her informed consent—an act she says led to an emergency C-section.
Appeal Sought to Prevent Class Certification
Both Ruest and Horizon Health had requested that the Supreme Court overturn a February 2024 ruling by the New Brunswick Court of Appeal, which had reinstated the lawsuit’s status as a class action. That ruling had reversed an earlier decision by a Court of King’s Bench Justice who had refused certification. The Supreme Court’s refusal means the class-action process will now proceed.
Legal Team Says Hundreds of Mothers Affected
According to Virginia Gillmore, one of the lawyers representing the plaintiffs, between 200 and 300 mothers have come forward expressing interest in joining the case. “This decision settles a kind of preliminary question,” Gillmore told Radio-Canada. “We still have several steps to go before we can even approach a place where we might be looking at settlement.”
Her co-counsel, John McKiggan, emphasized the significance of disclosure. “We are very pleased our case can now move forward. The class members can finally get full disclosure of everything the hospital knew about this dangerous situation,” he said.
Horizon and Ruest Deny Allegations
While Horizon Health confirmed that Ruest is no longer employed and that an internal investigation had been conducted, both parties deny any wrongdoing. In previously filed statements of defence, Ruest and Horizon rejected the plaintiffs’ claims. A spokesperson for Horizon Health declined further comment, citing the ongoing legal proceedings.
What Comes Next in the Lawsuit
The case now moves into discovery, where the plaintiffs will seek internal hospital documents and begin formal questioning of witnesses. With the class action certified, the case is positioned to become one of the most closely watched health-related legal proceedings in New Brunswick.
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