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ARTICLE · 28 OCTOBER 2022

Medical Device Litigation In Canada: Proliferation Of An American Style "mass Tort" Model

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An emerging trend is developing in Canadian medical device litigation, which appears to be takings its cues from the U.S. multidistrict litigation (MDL) model for aggregating individual claims.

CanadaLitigation, Mediation & Arbitration
Grant Worden
Grant Worden
Nicole Mantini
Nicole Mantini
Stefan Case
Stefan Case
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An emerging trend is developing in Canadian medical device litigation, which appears to be takings its cues from the U.S. multidistrict litigation (MDL) model for aggregating individual claims. In this article, we describe the rising phenomenon of "mass-tort"-style claims in Canada, and explore what differentiates it from Canadian class actions.

The American MDL model

MDL is a formal procedural tool used in the U.S. federal court system to manage large numbers of individual claims involving similar allegations against the same defendants. These individual cases, which can number in the hundreds, thousands, and sometimes tens of thousands, are consolidated into a single jurisdiction for pre-trial procedures such as discovery and preliminary motions. Bellwether trials (test cases) may also occur. Cases that are not settled or dismissed are typically sent back to their respective districts for trial.

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