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.
The proposed lawsuit was launched in 2019 and alleges women at Moncton Hospital were given a labour-inducing drug without consent.
Horizon Health Network operates the hospital and is named in the lawsuit. In a statement it said it would be inappropriate to comment on a matter before the court.
The Supreme Court decision upholds a December ruling from the New Brunswick Court of Appeals that certified the lawsuit. As a result, the top court has rejected a request from Horizon health and the nurse, Nicole Ruest, who were seeking permission to quash the lower court decision.
"It is a very important victory for the mothers who are part of the class and who have been looking for answers for six years now," John McKiggan, lawyer for the plaintiffs, said.
Since launching the case, McKiggan said his office has been contacted by more than 200 mothers who believe they may be able to join the lawsuit.
Jayde Scott, a mother of twins, is the lead plaintiff.
The lawsuit says she started having sudden and sharp contractions during her delivery, a number of years ago. This happened soon after a saline solution IV was hooked up, and it created a sharp and dangerous drop in the fetal heart rate of her twin daughters, the lawsuit alleges.
She was forced to undergo an emergency caesarean section and has said it robbed her of the moment of meeting her newborn babies.
Scott and the other plaintiffs are seeking a full apology and compensation.
To date, the Horizon Health Network has acknowledged “at least two” cases of women who had to have emergency C-sections after receiving oxytocin improperly.
The lawsuit alleges that the hospital “knew or should have known” about the alleged actions of the nurse and have acted sooner.
The women pursuing the lawsuit have alleged the Moncton Hospital either knew or should have known whether its staff were administering the drug to pregnant women.
The lawsuit also alleges the health authority could have done more to prevent this.
The allegations in the lawsuit have not been tested in court.
This report by The Canadian Press was first published July 24, 2025.
The Canadian Press
