1. Sutts, Strosberg LLP and McKenzie Lake Lawyers LLP have commenced a class action on behalf of all cancer patients who received incorrect doses of chemotherapy medications, cyclophosphamide and gemcitabine, between January 1, 2012 to and including March 28, 2013.
  1. The defendants in the lawsuit are the pharmaceutical company which prepared and supplied the drugs and Medbuy, the group purchasing agent for the Hospitals.
  1. On March 27, 2013, Cancer Care Ontario was advised that there was an error in the doses of cyclophosphamide which they received over the past year.  Click here to review the explanatory memo from the President and CEO of Windsor Regional Hospital.
  1. On April 2, 2013, the affected patients received letters explaining that they received incorrect doses of their chemotherapy medication.  Click here to review the letter that the patients received.
  1. On October 18, 2016, this action was certified as a class proceeding on consent, for settlement purposes.  That means that the parties agreed to certify the action for the purpose of putting a proposed settlement into effect.  As part of the settlement, the Hospitals were named as defendants as well.
  1. The Notice provides a summary of all relevant information about the proposed settlement.
  1. The deadline to opt out of the action has passed.
  1. The settlement approval hearing was heard on January 10, 2017. Justice Verbeem reserved his decision, which means that he will consider the issues and deliver a decision at a later date. We will post the decision on this website once received.
  1. If you would like to speak to someone at Sutts, Strosberg LLP about this class action, please use our toll free line 1.800.229.5323, extension 244.
  1. If you would like to know more about how a class action works, click here.


This website provides general information to potential class members on a proposed class action commenced relating to certain cancer drugs. The court will ultimately decide who will be included as a class member.

The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you a client of Sutts, Strosberg LLP.

The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.

This website is updated from time to time to provide class members with further information.