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  • Article

    Plaintiffs Lose Pre-Certification Summary Trial In BC For Failure To Provide Unbiased Expert Evidence

    The representative plaintiffs were widowed after their husbands died while using prescription transdermal fentanyl patches.
    CanadaConsumer Protection
    Theall Group LLP
    Theall Group LLP
  • Article

    Hernia Mesh Surgeries, Defective Mesh And Disability Benefits

    Advances in surgical hernia repair procedures have dramatically reduced the amount of time many patients spend in recovery.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Howie, Sacks & Henry LLP
    Howie, Sacks & Henry LLP
Article

Medical Device Class Action Certified On Appeal: Divisional Court Finds "Some Basis In Fact" For Duty To Warn Claim In IVC Filter Case

In Kuiper v. Cook (Canada) Inc., Ontario's Divisional Court ruled in favour of certifying a failure to warn claim in a product liability class action relating to IVC filters,...
CanadaFood, Drugs, Healthcare, Life Sciences
Stikeman Elliott LLP
Stikeman Elliott LLP
  • Article

    Avoiding A Trip From Legal Edibles To Product Liability Class Actions

    Cannabis edibles present cannabis producers with the opportunity to innovate and develop a diverse range of cannabis delivery methods for their consumers.
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    B.C. Court Confirms Plaintiffs Must Provide Workable Causation Methodology To Certify Product Liability Class Proceedings

    The British Columbia Court of Appeal clarified the evidentiary threshold plaintiffs must satisfy at the certification stage in the context of product liability class actions.
    CanadaLitigation, Mediation & Arbitration
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Sports And Recreation: Risk Mitigation And Occupiers' Liability

    A softball player trips over a divot on the ground. A child's hand gets caught in a rope during a tug-of-war game. A dumbbell rolls across a gym floor and hits someone's foot.
    CanadaLitigation, Mediation & Arbitration
    Gowling WLG
    Gowling WLG
  • Article

    The Much Broader Future Of Cost Recovery Litigation In British Columbia

    The government of British Columbia has announced its ambition to sue a wide range of companies—including social media operators, vaping product manufacturers, and makers...
    CanadaLitigation, Mediation & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    E-Scooter And E-Bike Injuries In Kids: What Ontario Parents Need To Know

    Hospital data shows a sharp rise in serious injuries from e-scooters and e-bikes among children, with boys aged 10-13 most affected and head injuries accounting for 36% of cases. Ontario law prohibits anyone under 16 from riding these devices, yet they remain widely available for purchase, creating a dangerous regulatory gap. When a child is injured, determining liability involves examining multiple parties including supervisors, retailers, manufacturers, and other road users.
    CanadaTransport
    Howie, Sacks & Henry LLP
    Howie, Sacks & Henry LLP
  • Article

    One Step Back: Nova Scotia Retreats From Ontario's Progress On Waiver Of Tort

    The Nova Scotia Supreme Court recently released its certification decision in Sweetland v. GlaxoSmithKline LLC, a pharmaceutical class action, in which the plaintiffs claimed negligence...
    CanadaConsumer Protection
    Cassels
    Cassels
  • Article

    Federal Court Addresses The Intention And Application Of Vanessa's Law

    The Federal Court of Canada has addressed how the Protecting Canadians from Unsafe Drugs Act (Vanessa's Law) ...
    CanadaFood, Drugs, Healthcare, Life Sciences
    Torys
    Torys
  • Article

    Developments In General Causation Methodologies For Class Certification

    In product liability class actions, general causation (i.e., a product's propensity to cause alleged injuries) is often a threshold issue to establish liability (if general causation
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Don't Flush The Basics: OCHC v Sloan Valve Company Affirms Fundamental Product Liability Concepts

    Ethan Schiff and Phoebe Goldig wrote an article for the Ontario Bar Association summarizing OCHC v. Sloan Valve Company, 2024 ONSC 1493.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Ontario Court Of Appeal Affirms Need To Establish Actual Harm In Negligence Claims

    On March 27, 2024, the Ontario Court of Appeal (Court) affirmed in Palmer v. Teva Canada Ltd. (Palmer) that Canadian law does not provide remedies for an increased risk of harm.
    CanadaLitigation, Mediation & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Preserving Solicitor-Client Privilege When Engaging A Public Relations Firm

    When confronted with significant litigation or a major event such as a product recall, regulatory investigation or takeover, a company may engage a public relations or communications (“PR”) firm to assist it in communicating with its stakeholders.
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Who Is Responsible When AI Causes Harm? AI And Product Liability

    AI is increasingly being incorporated into a wide variety of products, including chatbots, medical devices, autonomous vehicles and household appliances. In many cases, AI makes these products more efficient, effective...
    CanadaTechnology
    Torys
    Torys
  • Article

    New Performance Standards For Button/Coin Batteries And Products Containing Them Now In Effect In Canada

    Health Canada has introduced mandatory performance standards for consumer products containing button/coin batteries, requiring immediate compliance from manufacturers, importers, advertisers, and sellers. Companies must now certify that their products, packaging, and labelling meet specified safety criteria or equivalent standards to mitigate ingestion hazards. This regulatory update offers a more flexible, outcomes-based approach compared to the prescriptive requirements of Reese's Law in the United States
    CanadaConsumer Protection
    McMillan LLP
    McMillan LLP
  • Article

    Non-Testifying Experts Are Now To Produce All Background Information

    Evaluating the strength of a plaintiff’s claim just got a bit more complicated.
    CanadaConsumer Protection
    Cassels
    Cassels
  • Article

    Off-Road Liability: Ontario Court Of Appeal Affirms Broad Application Of Statutory Liability For Motor Vehicle Owners In ATV Accident Case

    In its recent decision in Desrochers v McGinnis, the Ontario Court of Appeal affirmed the broad application of a vicarious liability provision in Ontario's Highway Traffic Act (HTA) which renders...
    CanadaConsumer Protection
    Cassels
    Cassels
  • Article

    Québec's Warranty Of Availability: Are Companies Ready For October 5?

    On September 5, 2025, the Office de la protection du consommateur (OPC) published a guidance (Guidance) on the warranty of availability of replacement parts...
    CanadaCorporate/Commercial Law
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    End Of Slow Death By Rubber Duck?

    In 2009, we blogged about plastics that contain (and release) phthalates, plasticizers used in the manufacture of soft vinyl used in many products (Link: Slow death by rubber duck – http://envirolaw.com/slow-death-by-rubber-duck/ ).
    CanadaEnergy and Natural Resources
    Siskinds LLP
    Siskinds LLP
  • Showing 281–300 of 464 results

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