Canadian Product Liability Class Actions – Case Highlights

*This article was originally published on the American Bar Association website

There have been several significant new developments in product-related class actions in Canada in the past two years. These decisions, arising from Ontario, Saskatchewan, and British Columbia provide important insights into how courts are deciding product liability class actions, particularly at the certification motion, and the court's authority to dismiss putative class actions for delay. This article highlights key trends that have developed from the product liability class action jurisprudence of the last two years.

Overview of class action certifications in Canada

We begin with a primer on the general certification process for class proceedings in Canada. To be certified, a plaintiff must prove their proposed class action satisfies five statutory criteria. While the specific language of these criteria differs slightly across the provinces, the following general conditions must