Product Liability Litigation: Year In Review

In 2022, courts in Ontario rejected plaintiffs' attempts to assert novel claims relating to future risks, and historical claims relating to pure economic loss. At the same time, Québec courts continued to permit claims under the Consumer Protection Act to proceed to seek punitive damages even where compensatory damages were unavailable.

Below we discuss these recent developments and highlight some key takeaways for 2023 and beyond.

More than a risk of harm required: Court finds novel theory of liability "baffling"

In Palmer v. Teva¹, the Ontario Superior Court of Justice rejected a proposed national class action premised on the risk of future harms.

The proposed class included all persons in Canada who had been prescribed the defendants' valsartan products, a drug used in the treatment of hypertension. The plaintiffs alleged that the products were contaminated with potentially carcinogenic chemicals. However, there was no claim that these contaminants