November 21, 2023
Claim First, Provide Details Later
by John Mather and Michael Robson
Negligent design and manufacture claims often start at the end. A plaintiff is hurt while using a product and concludes that their injury is the result of a defect in that product.
The law, however, is not that simple. At some point, the plaintiff must prove what, exactly, was defective in the product’s design or manufacture. The vague notion that “something must be wrong” is not enough.
October 4, 2023
Wither the Pure Economic Loss Class Action?
by Michael Robson and John Mather
Among other seismic changes in 2020, two developments shook the product liability class action landscape in Ontario. First, the province introduced major amendments to its class actions legislation, giving defendants more tools to prevent certification, including introducing a requirement that the class action not only be a “preferable” procedure but also the “superior” procedure.