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Court of Appeal Cuts Off Speculative Product Liability Claims

In 2024, Ontario’s highest court affirmed the principle that a certifiable tort claim requires a plaintiff to provide some basis in fact for a present, materialized injury that is “sufficiently serious.” A legally compensable...more

The Lack of Present Injuries and Reliable Scientific Evidence Proves Fatal in North American Pharmaceutical

After reports were made regarding the presence of nitrosamines in certain pharmaceutical products in 2018 and 2019, and subsequent precautionary regulatory action was taken, an avalanche of litigation commenced in Canada and...more

No Harm, No Class Action (Again): Ontario Superior Court Refuses to Certify Risk of Cancer Claim

In the recent decision of Palmer v Teva Canada Ltd., Justice Perell of the Ontario Superior Court dismissed the plaintiff's motion to certify a class action against manufacturers of the anti-hypertensive drug valsartan. The...more

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