Category: Product Liability

Cannabis in Canada: A Changing Legal Landscape

April 19, 2017

The anticipated legalization of recreational cannabis in Canada by July 2018 is multi-faceted. Several areas of law will come into play, potentially impacting many types of businesses. We delve into some of these areas.

Year in Review: Some Positive Developments for Pharmaceutical Class Actions in Canada

April 10, 2017

The end of 2016 brought with it some good news for the defence in respect of pharmaceutical class actions, including a successful defence verdict in the first pharmaceutical product liability common issues trial in Canada. This article discusses key pharmaceutical class actions from 2016. 

Ontario Court Decision Highlights Summary Judgment as Potential Tool in Class Proceedings

December 5, 2016

In a recent class action decision, Wise v. Abbott Laboratories Limited (Wise), Justice Perell of the Ontario Superior Court of Justice (Court) granted the defendant’s motion for summary judgment in advance of certification, concluding that there was no genuine issue requiring a trial because there was insufficient evidence of general causation. The decision highlights the potential for defendants to use…

Immediate Relief: Application for Certification of B.C. Cold-Fx Class Action Dismissed

November 22, 2016

The British Columbia Supreme Court recently dismissed an application for certification of a class action regarding the cold and flu product Cold-Fx in Harrison v. Afexa Life Sciences Inc. (Harrison). The plaintiff alleged that Cold-Fx was falsely marketed as providing “immediate relief” from cold and flu symptoms. Justice Dillon dismissed the application, finding, among other things, that there was no…

Doing Business in Canada

September 9, 2016