Product Liability Class Actions: A Look At Recent Trends

Product liability class actions in Canada are a complex, ever-evolving area of litigation that continue to see an increase in consumer activism and regulatory oversight. If you're a manufacturer, distributor or seller, or defence counsel, it's important to understand the associated risks and stay informed of the latest developments in product liability class actions.

Below are some key trends that you should be aware of:

1. Filing a Defence. While defendants have not traditionally been required to file a defence prior to the hearing of the certification motion, Canadian courts are increasingly encouraging defendants to do so. Doing so may provide a strategic opportunity to highlight weaknesses in the case and assist in framing the issues at certification.