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ARTICLE · 09 DECEMBER 2016

Association Alone Does Not Equal Causation In Product Liability Cases

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Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar.

CanadaLitigation, Mediation & Arbitration
Ashley Paterson
Ashley Paterson
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Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar. Full series updates can be found below. 

It seems simple enough: The plaintiff in a negligence case has the onus to prove that the defendant's misconduct has the capacity to cause the alleged damage. However, Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 reminds us that as simple as the onus to prove general causation may seem, without properly proving it, the plaintiff's claim will fail. Importantly–association does not equal causation.

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