Court Of Appeal Certifies Class Action Against Smith & Wesson: Implications For Future Lawsuits

Background

In the summer of 2018, a mass shooting took place on Toronto's Danforth Avenue, where fifteen people were shot and two lost their lives. The shooter used a stolen handgun manufactured by Smith & Wesson. In response, some of the victims and their families filed a proposed class action against the company in Price v. Smith & Wesson,¹ arguing that it had failed to include technology in the firearm that could have prevented its unauthorized use.

The case raised important questions about the manufacturer's responsibility to reduce foreseeable risks associated with its products. The plaintiffs claimed that Smith & Wesson had previously agreed to develop such safety features but ultimately chose not to implement them. Although the motion judge initially allowed the negligence claim to proceed, he declined to certify it as a class action. Both sides appealed, and the Ontario Court of Appeal has now certified the class action, allowing the negligence claim to