2020 has seen several important developments in product
liability law.
These developments signal that a variety of challenges are on
the horizon for plaintiffs in 2021 in three specific areas: product
liability class actions alleging adverse health effects; claims
relating to the sale of prescription medications; and mass
tort claims.
No workable methodology : an effective defence to
certification
In 2013, the Supreme Court of Canada affirmed in
Pro-Sys
Consultants Ltd. v. Microsoft Corporation
1 that, at
certification, plaintiffs must demonstrate a workable
methodology for determining general causation on a class-wide
basis. Since then, this issue-which has often been decided in the
plaintiffs favour-has arisen frequently in proposed product