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On June 26, 2012, Justice Lax of the Ontario Superior Court of Justice released her decision in Andersen v St. Jude.

Bill 10 requires merchants to provide clear cancellation options, end-of-trial notices and transparent fee disclosures for subscriptions.

In Coles v. FCA Canada Inc., 2022 ONSC 5575, the Court recently denied certification of a proposed product liability class action on the basis that the defendant's established recall program...

At an estimated 8.4 billion in number, connected devices now in use outnumber people on earth.1 It is estimated that the usage of these devices will continue to grow, reaching 20 billion devices ...

As the demand for "clean beauty" and sustainable personal care products continues to grow, so too does the risk of deceptive advertising and greenwashing claims.

McCarthy Tétrault's Product Liability and Mass Tort Claims group analyzes three recent Canadian court decisions that clarify evidentiary standards in product liability cases. The cases address critical issues including the sufficiency of evidence at pleading stages, establishing general causation between drugs and diseases, and how litigation risk factors into settlement adequacy assessments.

The blood coursing through our veins distributes the oxygen, nutrients and energy our organs need to function and stay healthy.

On June 22, 2020, Judge William Shubb of the US District Court for the Eastern District of California entered an order prohibiting the State of California from requiring Prop 65 warnings for glyphosate.

Motor vehicle litigation is going to shift to product liability involving manufacturers.

By playing their essential gatekeeping role, class action judges have in numerous decisions clarified the necessary elements of various causes of action and the availability of specific remedies in a particular case.

In a significant development for consumer protection and pricing practices, the Federal Court has certified the first class action under Canada's drip pricing provisions in Deane v. Canada Post...

The British Columbia government has introduced new regulations governing the use of e-bikes.

In Palmer v. Teva Canada Ltd, the Ontario Superior Court of Justice denied certification, under the Class Proceedings Act, 1992 (the Act), of a proposed class action for product liability...

It may come as no surprise that laws in Quebec favour consumers, purchasers and victims in product liability claims. Therefore, manufacturers and professional sellers...

Many consumer products in Québec, such as electric appliances, cell phones and computers, will soon be covered by enhanced warranties of good working order and repair under recent changes to the Consumer Protection Act.

In Harris v Bayerische Motoren Werke Aktiengesellschaft, the Ontario Superior Court of Justice articulated the high standard that a manufacturer must reach to avoid certification in a product...

The British Columbia Court of Appeal has left open the possibility that pharmaceutical manufacturers may owe a duty of care to develop safer alternatives to their existing products, even when those products are properly approved and labeled. This decision in Gilead Sciences, Inc. v. I.F. contrasts sharply with a recent California Supreme Court ruling that rejected such a "duty to innovate," potentially setting Canada on a divergent path in product liability law.

In Palmer v. Teva Canada Limited1, the Ontario Court of Appeal dismissed the plaintiffs' appeal from the lower court's decision denying certification of a proposed product liability class action that claimed damages...