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ARTICLE · 15 DECEMBER 2022

A Surge In Mass Tort Litigation In Canada

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP

Blake, Cassels & Graydon LLP

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For over 20 years, Canada has been known internationally as a haven for product liability class actions.

CanadaLitigation, Mediation & Arbitration
Robin Linley
Robin Linley
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For over 20 years, Canada has been known internationally as a haven for product liability class actions. Due to the low threshold for obtaining class certification, most proposed product-liability class actions in Canada are certified for class treatment. While class actions remain a popular model in Canada, several factors, including recent changes to the Class Proceedings Act (CPA) in Ontario, have given rise to "mass torts" of multiple individual claims across the country. In that regard, we have observed a growing number of Canadian plaintiffs' firms that have recently shied away from traditional class-action claims in favour of commencing mass torts.

In this article, we highlight trends we are seeing in both Ontario and Western Canada.

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