Vaccine Injury Developments Reaffirm That Proving Causation Remains A High Bar

As many product liability claims in Canada are brought by way of class action, defendants often consider only one half of the causation inquiry—general causation—in the context of the low "some evidence" certification threshold. This can create a misleading impression of a plaintiff's onus to establish causation.

Two significant developments in 2021 in the context of alleged vaccine injury—a decision of the Ontario Court of Appeal and the introduction of a pan-Canadian no-fault regime—serve as a reminder that proving causation in the context of product liability claims is complex and remains a high bar.

Adam v. Ledesma-Cadhit

In Adam v. Ledesma-Cadhit¹ the Ontario Court of Appeal upheld a trial decision dismissing a claim in relation to a pediatric death alleged to have been caused by a vaccine for the H1N1 influenza, also known as "swine flu"².