Pushing Boundaries: Public Nuisance Claims In Class Actions And Mass Tort Litigation

Canadian businesses saw a significant uptick in public nuisance litigation across various industries in 2024. Traditionally associated with toxic spills and environmental damage, plaintiffs are increasingly asserting the doctrine of public nuisance in product liability claims, class actions, and mass tort litigation. This trend has the potential to affect a diverse array of industries that provide goods and services to consumers, from consumable products and cosmetics to social media.

Unlike traditional product liability causes of action rooted in negligence or misrepresentation, the tort of public nuisance allows plaintiffs to make allegations of harm to broad public interests—such as public health, safety, or the environment—and to avoid the strictures of negligence law. The ongoing attempt by plaintiffs to push public nuisance beyond its recognized boundaries presents a challenging and potentially costly new source of litigation risk for Canadian businesses.