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.

2.    The defendant in the lawsuit is the pharmaceutical company which prepared and supplied the drugs and Medbuy, the group purchasing agent for the Hospitals.

3.    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.

4.    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.

5.    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.

6.    A settlement approval hearing will take place on January 10, 2017 where the court will decide whether the proposed settlement is fair and reasonable and in the best interests of the Class Members. 

7.    The Notice provides a summary of all relevant information about the proposed settlement.  

8.    The Opt Out Form must only be filled out and delivered to the Administrator if you do not wish to be involved in this class action.  If you fill out and deliver the Opt Out Form, you will be excluded from the class and you cannot participate in the proposed settlement.

9.    Click on the links below to view the documents that are relevant to the settlement:

    (1)    Settlement Agreement
    (2)    Second Fresh Statement of Claim;
    (3)    Certification Order
    (4)    Endorsement of Justice Verbeem
    (5)    Notice; and;  
    (6)    Opt Out Form

10.    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 8244.

11.    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.