Product liability and mass tort claims are among the most serious challenges an organization can face.
When the survival of a brand or a business hangs in the balance, the world’s leading companies turn to McCarthy Tétrault. We help our clients navigate their most complex product liability and mass tort challenges from start to finish.
We act for companies in a wide range of matters and industries, including medical products and devices, consumer products and services, transportation and automotive products, toxic chemical and environmental matters, and catastrophic events.
Our deep bench strength and expertise across Canada allow us to handle both local litigation and matters with national and/or international scopes. We frequently act as national coordinating counsel in “bet-the-company” litigation involving class actions in multiple Canadian provinces, as well as inventory litigation involving many individual claims across the country.
We work closely with our clients and their legal counsel in other jurisdictions to define and implement a strategy for success from day one. Our litigators have unparalleled courtroom experience with an impressive track record in class actions. We have conducted trials of more tort claims than any comparable firm in the country. With the leverage of our expertise and courtroom success, we are also experienced in sitting down with all parties and brokering creative solutions to achieve victories for our clients outside the courtroom, including in collaboration with our restructuring partners as required.
We will work with your internal team and external advisers to protect your reputation throughout the litigation process. Our firm’s integrated, industry-focused approach allows us to anticipate issues and help prevent and contain product liability and mass tort lawsuits before they begin.
Representative Matters
- Sanofi Consumer Health in its defence of Zantac ranitidine litigation, including defeat of certification and defence summary judgment of lead Canadian class action alleging that Zantac® causes increased cancer risk
- Abbott Laboratories in its successful defence of the first pharmaceutical common issues trial in Canada relating to allegations that Biaxin caused psychiatric side effects
- Abbott Laboratories and AbbVie in national AndroGel litigation, winning the first pharmaceutical class action to be defeated on summary judgment in Canada
- Lundbeck Canada Inc. in two class actions regarding the use of the antidepressant Celexa by pregnant women
- Lundbeck Canada Inc. in a national class action proceeding initiated in Quebec concerning allegations that its anti-psychotic drug, Rexulti, causes impulse-control disorders
- Lundbeck Canada Inc. in four class actions alleging that its anti-psychotic drugs, Abilify and Abilify Maintena, have caused damages to patients due to side effects from compulsive behaviour
- Bayer in multi-jurisdictional product liability litigation related to the anti-coagulant blockbuster drug Xarelto
- Endo Pharmaceuticals Inc., Endo International plc and its Canadian subsidiary Paladin Labs in defence of multiple product liability class actions across Canada arising from opioid products, and related government healthcare cost recovery cases alleging tens of billions of dollars in damages
- Sanofi Aventis in a class action related to high blood pressure drugs called Sartans which were recalled from the market
- Abbott Laboratories in successful defence of multi-jurisdictional litigation involving Meridia and other sibutramine products which were withdrawn from the Canadian market due to alleged cardiac risks
- Abbott Laboratories in its defence of class actions across Canada arising from opioid products
- Innovative Medicines Canada (IMC) in a product liability case pertaining to the veterinary medicine Bravecto
- Laboratories Leon Farma in two proposed class actions in Ontario and British Columbia alleging defective Alysena birth control pills
- St. Jude Medical in product liability class action and individual tort claims concerning defibrillators and cardiac resynchronization therapy devices
- Genzyme in defence of class actions and individual claims in various provinces relating to surgical mesh for hernia repair
- Psychiatrists in multiple individual actions relating to the use of LSD in the treatment of patients at a secure psychiatric facility
- Sanofi-Aventis Canada in a product liability case arising from alleged negligent manufacture of Synvisc, a medical device to treat osteoarthritis knee pain
- Kimberly-Clark in defence of a proposed class action in relation to its flushable wipes product that was recalled due to the presence of a bacterium
- Smuckers Foods of Canada in various product liability claims, including its successful defence of class action relating to E. Coli contamination of various brands of flour and flour products, and an ongoing putative class action against Smucker’s affiliate, Big Heart Pet Brands, related to the sale of canned tuna
- Aurora Cannabis Inc. in a claim alleging the potency of their products is “drastically different” than advertised and the company failed to properly label products
- Philip Morris International and its Canadian subsidiary Rothmans, Benson & Hedges in their defence of all Canadian smoking and health litigation. These cases involve consumer class actions and government healthcare cost recovery cases in every Canadian jurisdiction amounting to hundreds of billions of dollars in alleged claims
- Pharmasave entities in proposed class proceeding alleging product liability relating to the sale of natural health product glucosamine
- Unilever Canada Inc. and its affiliates in the successful defence of putative national class actions alleging that an ingredient used in Unilever's haircare products resulted in personal injury to putative class members
- Leon’s Furniture in proposed class proceedings alleging product liability relating to the sale of Whirlpool products
- Oculus VR, Facebook Technologies LLC, and Meta Platforms Inc. in its first product liability case in Canada over their virtual reality headset, Oculus VR
- Uber Canada Inc. in multiple misleading advertising proceedings concerning its Uber Eats platform, including allegations of drip pricing related to the display of delivery and other fees, as well as claims that it overstated the value of its promotions by improperly invoicing consumers and overcharging sales tax
- Intuit (TurboTax) in a class action alleging that Intuit misleadingly advertised its TurboTax tax filing services as “free”
- trivago in defeating certification of a proposed national class action alleging that online hotel referral services and booking platforms contained false or misleading representations
- Bell Mobility Inc. in a misrepresentation class action alleging that customers were billed for their cell phone use between 2006 and 2009 on a “per-minute” basis rather than on a “per-second” basis
- Meta Platforms Inc. in proposed class actions alleging it violated Canadian copyright laws by downloading and using literary works as training data for its large-language models without authorization
- Meta Platforms Inc. in all litigation across Canada alleging that Facebook and Instagram are addictive and harmful to teens’ mental health
- Meta Platforms Inc. against more than two dozen actions alleging that Meta is liable in negligence and public nuisance to school boards in Ontario and Alberta
- Meta Platforms Inc. in Federal Court proceedings alleging that Meta breached the federal Personal Information Protection and Electronic Documents Act in connection with Cambridge Analytica
- Meta Platforms Inc. in a class action alleging that Meta breached Canadians’ privacy by secretly collecting personal information from its users on Android devices
- Meta Platforms Inc. in a proposed class action alleging it wrongfully accessed and shared private WhatsApp messages with third parties despite advertising end-to-end encryption
- BMW in national product liability cases involving alleged product defects for “defeat devices”
- Airbus in a class action arising from the crash of Air Canada Flight 624 at the Halifax International Airport
- Navistar International Corporation, Navistar Inc., and Navistar Canada ULC in numerous proposed class proceedings in five Canadian provinces regarding alleged safety defects in Navistar’s heavy-duty trucks
- Bosch Automotive Service Solutions LLC in a case alleging negligent design and manufacture of transfer tank products
- Shell Canada in defence of a class action alleging a gasoline additive caused fuel systems and gas gauges to malfunction
- Takata Corporation, and its US subsidiaries, in multiple Canadian class actions concerning allegedly defective airbags
- CN Rail in defence of a class action alleging liability for damages arising from the destruction of the village of Lytton, British Columbia by a wildfire
- Toyo Tires in numerous class actions, including the Anti-Vibration Rubber Parts claim
- Metrolinx in the management of an investigation by the Ontario Ministry of Environment, Conservation, and Parks into a diesel spill event, and the subsequent defence of a related environmental prosecution
- Glencore Canada Corporation in a major and complex class action alleging that its activities at the Horne Smelter in Rouyn-Noranda wrongfully emitted carcinogenic contaminants and claiming moral damages for fear of developing a disease
- Compagnie d’Arrimage de Québec in successfully defending an environmental contamination class action related to its operations at the Port of Quebec
- Procor Limited in a historical contaminated site claim where a neighbouring manufacturing company alleged that Procor property is the source of extensive soil and groundwater contamination
- Amrize Canada Inc. in defence of an environmental class action for alleged excessive pollution
- Corby Spirit and Wine Limited in relation to allegations of negligence and negligent misrepresentation for ethanol emissions alleged to cause fungal growth
- Syngenta in a national class action regarding the introduction of a GMO corn variety on the market
- Syngenta in a class action relating to certain of its herbicide products used in Canada
- Cleaver-Brooks in a multi-party litigation regarding alleged design deficiencies in industrial boilers used in CNRL’s oil sands operations.