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ARTICLE · 12 OCTOBER 2022

Step Aside, Class Actions: Mass Torts Are Here

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Blake, Cassels & Graydon LLP

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Known by corporate America as a haven for product liability class actions, Canada is experiencing a rise in a new litigation trend — mass torts.

CanadaLitigation, Mediation & Arbitration
Robin Linley
Robin Linley
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Known by corporate America as a haven for product liability class actions, Canada is experiencing a rise in a new litigation trend — mass torts. An alternative to product liability class actions, mass torts pose unique challenges for defence lawyers who must grapple with competing strategic considerations and emerging strategic opportunities.

Below are some key facts about mass torts, as well as some pros and cons for both defendants and plaintiffs.

  1. Mass Torts Model. Unlike a class action, which involves filing one claim for a group of people, a mass tort involves numerous individual claims concerning the same product (or group of related products). Plaintiffs may also commence a class action and later opt to discontinue the class action in favour of an "inventory" settlement on behalf of a large number of individual plaintiffs.

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