The New Canada Consumer Product Safety Act: A Catalyst For Cross-Border Mass Tort Litigation?

Edited by Keith Batten.

New and expanded product safety legislation in Canada, superimposed on a backdrop of jurisdictions willing to certify mass tort and personal injury claims, has created an environment ripe for increasing class action activity across the U.S./Canada border. Thus, the development of the law governing cross-border production issues bears watching.

Mass tort claims north of the 49^th parallel are a popular choice for plaintiffs' counsel in part because of the perception that the certification of personal injury claims is less onerous in Canada. There is no national class action legislation. Class actions legislation of some type exists in all provinces except one, Price Edward Island. In Ontario, class actions are governed by the Class Proceedings Act, 1992 and must first be certified by a court before they can proceed. Importantly, unlike the American regime, there is no requirement that common issues predominate over individual issues under the