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Ontario Superior Court Reminds Plaintiffs’ Counsel that Class Actions Notices Are Not Vehicles For Recruitment

Pugliese v Chartwell, 2024 ONSC 7146 (Chartwell) explores the limitations of notice provisions under class proceedings legislation. Justice Morgan refused to authorize a notice plan providing for direct notice to proposed...more

Health Canada Consultation on Proposed Amendments to Address Drug and Medical Device Shortages in Canada

Health Canada is proposing to amend the Food and Drug Regulations, C.R.C., c.870 (the FDRs) and the Medical Device Regulations, SOR/98-282 (the MDRs) in an effort to avoid pharmaceutical and medical device shortages and...more

Amended Recall Requirements for Medical Devices and Pharmaceutical Products in Canada

Health Canada is making changes (via legislative amendments) to the manner in which medical devices and pharmaceutical products are recalled under the Medical Device Regulations, SOR/98-282 (MDR) and the Food and Drug...more

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 cannot be established, no class member's...more

Class Actions: Looking Forward 2023

We begin with an update on a trilogy of privacy class actions appeals in which plaintiffs sought, unsuccessfully, to expand the tort of intrusion upon seclusion. Next, we canvass the various approaches of Ontario courts...more

The Expansion and Contraction of Product Liability Causes of Action

Product liability case law in 2021 brought clarity to certain causes of action that often form the basis of product liability claims. In particular, Ontario courts considered new duty of care categories arising within the...more

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