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ARTICLE · 21 MAY 2025

Recent Canadian Product Liability Case Law Highlights

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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There have been several significant new developments in product liability cases across Canada in the past year.

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*Content from this article is from the Case Law Compendium for the Defense Research Institute's (DRI) Product liability Conference held February 2025. Canadian contributions by BLG's Edona Vila and Robert Stefanelli.

There have been several significant new developments in product liability cases across Canada in the past year. These decisions, arising from Ontario, Québec, Alberta, Saskatchewan, and British Columbia, provide important insights into how courts are deciding product liability matters.

Palmer v. Teva Canada Ltd., 2024 ONCA 220

Plaintiffs must plead actual, demonstrable harm or loss for a liability claim in negligence to succeed.

In Palmer v. Teva Canada Ltd., the Court of Appeal for Ontario reviewed the Superior Court of Justice's dismissal of a motion to certify a class proceeding. The plaintiffs alleged the presence of carcinogens in Valsartan, a blood-pressure medication produced by the defendant pharmaceutical company. The plaintiffs argued

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