26.07.2025

"Supreme Court Allows Class Action on Consent Issue"

OTTAWA — The Supreme Court of Canada is allowing a class-action lawsuit against New Brunswick’s largest health authority and an obstetrics nurse to proceed

OTTAWA — The Supreme Court of Canada has ruled in favor of allowing a class-action lawsuit against the Horizon Health Network and an obstetrics nurse, Nicole Ruest, to move forward. This significant ruling is a pivotal moment for the plaintiffs, a group of women who allege that they were administered a labour-inducing drug without their consent while at Moncton Hospital, New Brunswick's largest health facility.

The proposed class action was initiated in 2019, highlighting serious concerns regarding patient consent and medical ethics. The women involved in the lawsuit assert that they were not informed about the administration of the drug, nor did they provide consent for its use during labor. This raises substantial questions about the responsibilities of healthcare providers, particularly in how they communicate with patients about their treatment options.

The Horizon Health Network, which manages Moncton Hospital, and nurse Nicole Ruest sought to appeal a lower court's decision that certified the lawsuit as a class action. However, in February 2025, their request was denied by the Supreme Court, allowing the case to proceed. The refusal of the Supreme Court to grant an appeal signifies the seriousness with which this matter is being treated within the judicial system.

The allegations against the healthcare facility suggest a systemic issue wherein the hospital either knew or should have known about the unauthorized administration of the drug to pregnant women. This aspect of the case underscores a potential failure in oversight or protocol that could have serious implications for patient rights and safety.

The plaintiffs' demands include not only a formal apology from Horizon Health Network but also financial compensation for the distress and violation of consent they experienced. Their pursuit of these outcomes reflects a broader demand for accountability within the healthcare system, particularly regarding patient consent and rights.

The implications of this ruling extend beyond the individuals directly involved in the lawsuit. It casts a spotlight on practices within medical institutions regarding how consent is managed, the transparency of medical procedures, and the adequacy of care provided to patients. The outcome of this case could potentially lead to changes in policies and practices at Horizon Health Network and possibly set a precedence for similar cases in Canada.

This ruling and the alleged actions leading to the lawsuit raise critical ethical questions about patient autonomy and the trust placed in healthcare providers. As the case unfolds, it will be significant to see how it influences not only the healthcare system in New Brunswick but also across Canada.