Background:
Raymond Edson Marshall filed a proposed class action against Allergan Inc. under the Class Proceedings Act, R.S.B.C. 1996, c. 50. The plaintiff sought to add Apollo Endosurgery Inc. as a defendant. The case involved parallel proceedings brought by the same law firm with nearly identical claims.

Legal Issues:

• Whether adding Apollo Endosurgery Inc. as a defendant was appropriate.
• Whether allowing the amendment would prejudice Allergan Inc.
• Whether the existence of two parallel actions was an abuse of process.
• Whether the Second Action should be stayed to prevent procedural unfairness.
• Whether the limitation period defense should be preserved for the defendants.

Court’s Decision:

• The court granted the plaintiff’s request to add Apollo Endosurgery Inc. as a defendant.
• The court stayed the Second Action to avoid duplicative litigation.
• The court preserved the limitation defense for the defendants to be addressed later.
• The judge found the plaintiff’s delay in bringing the application problematic but prioritized the interests of absent class members.

Costs and Award:

• The court did not award costs to any party, following the general presumption against costs in class actions.
• The plaintiff was successful but agreed to conditions.
• The court acknowledged the defendants’ frustration but ruled the case did not meet the threshold for exceptional cost awards.