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On July 19, 2005, THOMSON, ROGERS issued a national Class Action lawsuit on behalf of Canadians with Parkinson’s disease and/or Restless Leg Syndrome who allege to have developed compulsive behaviour, often including a pathological gambling addiction, as a result of their use of the drug Permax, a dopamine agonist. The Class Action lawsuit seeks millions of dollars in compensation from the alleged makers and distributors of the drug and has named Eli Lilly Canada Inc., Eli Lilly & Company, Shire Biochem Inc., and Draxis Health Inc. as Defendants. 


We are pleased to announce that The Honourable Justice Strathy of the Ontario Superior Court of Justice has approved the settlement of the Permax Class Action. Please find below Justice Strathy's Order dated December 15, 2011, and the associated Endorsement. Class members entitled to compensation can anticipate being sent their compensation in mid February.


A settlement approval motion was heard by the Honourable Justice Strathy of the Ontario Superior Court of Justice on December 15, 2011. Justice Strathy reserved his decision and advised that he expects to have a decision released in the next week or so. Assuming the settlement is formally approved, as we expect, class remembers entitled to compensation can anticipate being sent their compensation in mid February.

On behalf of the class, Thomson, Rogers thanks Mr. Swapan Banerjee for serving as the Representative Plaintiff in this successfully resolved class action.



A proposed settlement has been reached by the parties in the Permax Class Action, subject to Court Approval. If you have ingested Permax and you claim, as a result to have suffered damages relating to impulse control behaviour, including pathological gambling, hypersexuality, compulsive shopping or spending, or any other compulsive behaviour, you are eligible to apply for compensation under the settlement. For more information about the proposed settlement and the motion for Court Approval please see the Settlement Notice to Users of Permax.


We are pleased to advise that on February 8, 2010, Justice Strathy of the Ontario Superior Court of Justice certified this case as a class proceeding. The class is defined in the Certification Order as all persons resident in Canada who were prescribed and ingested the drug Permax in Canada at any time on or before February 8, 2010 ("Class Members"). A copy of the Certification Order, the judge's reasons for decision and the Certification Notices are posted below.

Justice Strathy's Certification Order establishes a "Negotiation Process" which is open to all Class Members who claim damages or other monetary relief related to impulse control behaviour and related complaints, including pathological gambling and hypersexuality, allegedly caused, without adequate warning, by Permax.

The Negotiation Process involves the exchange of information between Class Members and the Defendants with the goal of evaluating the magnitude of all of the claims throughout Canada and ultimately resolving all individual compensation claims with the Court's approval.  

Participation in the Negotiation Process will allow all parties involved in the lawsuit to understand the nature and scope of the claims and hopefully facilitate the settlement of the class action including individual claims. While there is no guarantee that participation in the Negotiation Process will result in compensation, we are strongly recommending that Class Members participate in the Negotiation Process.

To participate in the Negotiation Process, Class Members are required to fill out the Questionnaire (attached below) and have their physician complete the physician's letter (also attached below). These documents must be completed and forwarded by email, fax or mail to Darcy Merkur at Thomson, Rogers at the address below by no later than May 31, 2010 (but you should submit the documents as soon as possible).

Please call Darcy Merkur or Stephen Birman at the numbers listed below to discuss the Negotiation Process and the required documents.   



  1. Permax Statement of Claim issued on July 19, 2005
  2. Certification Order of Justice Strathy dated February 8, 2010.
  3. Decision on Certification by Justice Strathy, dated February 8, 2010.
  4. Certification Notice - Long Form
  5. Certification Notice - Short Form
  6. Questionnaire to be filled out by Class Members
  7. Questionnaire to be filled out by Class Members (French)
  8. Sample Physician's Letter to be signed by physician and included with Class Member's Questionnaire
  9. Sample Physician's Letter to be signed by physician and included with Class Member's Questionnaire (French)
  10. Settlement Notice to Users of Permax®


If you’d like to learn more about the Permax class action, please contact Darcy Merkur by email, fax or mail at the following address:


Darcy Merkur

Thomson, Rogers
Barristers and Solicitors
390 Bay Street, Suite 3100
Toronto, Ontario, M5H 1W2
Toll free: 1-888-223-0448, in the Toronto area you may call 416-868-3176, Fax: 416-868-3134