CourtCourt of King’s Bench of Alberta, Edmonton Judicial Centre
Date FiledDecember 8, 2025
This proposed class action alleges the following:
1. Class Members are all women who experienced fertility issues who sought and received fertility treatments from the Regional Fertility & Women’s Endocrine Clinic at the Lois Hole Hospital for Women in the Royal Alexandra Hospital (the “Clinic”). Class Members received fertility treatments, including IVF and/or IUI, or prescriptions of fertility medication from Dr. Motan at the Clinic. AHS granted Dr. Motan a medical staff appointment and clinical privileges that authorized him to provide fertility treatments at the Clinic.
2. Between August 2014 and November 2018 (“Class Period”), while working at the Clinic, Dr. Motan entered into a financial rebate scheme with pharmaceutical companies that distributed the fertility medications. During the Class Period, Dr. Motan received more than $1,200,000 in rebates.
3. Dr. Motan arranged for the fertility medications to be shipped directly from the pharmaceutical companies to Glengarry Pharmacy (the “Pharmacy”). Dr. Motan and Clinic staff directed the Class Members to purchase the fertility medications from the Pharmacy. The Pharmacy reimbursed Dr. Motan for the costs of the medication, and Dr. Motan provided the Pharmacy with a portion of the rebates. During the Class Period, the Pharmacy received more than $300,000 in rebates.
4. At no time did Dr. Motan seek or obtain approval for the rebate scheme from CPSA. At no time did the Pharmacy seek or obtain approval for the rebate scheme from the Alberta College of Pharmacy.
5. Dr. Motan was negligent in his practices at the Clinic by performing IVF and/or IUI treatments on Class Members that were unnecessary, prescribed them fertility medications that were unnecessary, and higher than and contrary to the medication product literature. Dr. Motan, the Pharmacy, and AHS benefited from increased payments for fertility medication because they resulted in higher rebates.
6. By prescribing and exposing the Class Members to excessive doses of the fertility medications, the Class Members experienced a number of adverse health effects, including ovarian hyperstimulation syndrome.
7. The deliberate over-prescription and failure to individually tailor dosing was not disclosed the Class Members prior to treatment and therefore the Class Members did not consent to such treatment. In doing so, Dr. Motan was medically negligent and breached the fiduciary duties he the Class Members.
8. At no time during their treatment by Dr. Motan were the Class Members advised of the rebate scheme. In April 2021, Dr. Motan sent a letter to patients of the Clinic, advising them of the rebate scheme and that he overprescribed the fertility medications. Until this time, Class Members had no knowledge of Dr. Motan’s wrongful conduct.
9. The Pharmacy owed a duty to the Class Members to effectively and accurately oversee dispensing of prescriptions including reviewing the prescription for therapeutic appropriateness. The standards of practice for pharmacists and pharmacy technicians require a pharmacist to assess the appropriateness of each prescription, taking into consideration the needs of the individual patient. The Pharmacy failed in their duties.
10. AHS owed a duty to the Class Members to review and determine the compliance of practitioners with their responsibilities under medical staff appointments and clinical privileges; periodically review practitioners; perform a triggered review of a practitioner if any concerns are raised with respect to his practice, or if information comes to the attention of AHS that reasonably indicates the practitioner may not be complying with his responsibilities. AHS failed in their duties.
For media inquiries please contact Jamie Thornback, Partner by email at [email protected].
If you think you may be a class member, please contact us via email at [email protected] or call CFM Lawyers at (604) 689-7555.
For any other questions please contact Kimberly Oleson, Paralegal at (778) 945-8507 or by email at [email protected].