The Product Liability and Mass Torts Group at McCarthy Tétrault LLP is pleased to bring you our analysis of recent Canadian product liability decisions.
In Hartman v. Canada (Attorney General), 2026 ONCA 270, the Ontario Court of Appeal struck portions of a vaccine negligence claim, underscoring that courts will not accept inferences unsupported by evidence at the pleadings stage.
In Listovets v. AstraZeneca Canada Inc., 2026 ONSC 220, the Ontario Superior Court confirmed that evidence of mere association between a drug and a disease is insufficient to establish general causation.
Finally, in Dembrowski v. Bayer Inc., 2026 SKKB 63, the Saskatchewan Court of King’s Bench held that litigation risk—particularly with respect to warning adequacy—may justify a more modest settlement outcome.
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