Product Liability Class Actions in Canada

Class actions are a significant component of the product liability landscape in Canada. There are many products cases in which traditional litigation will be cost-prohibitive, because damages are modest. Further, an alleged design defect in a product will typically affect a significant number of people. Class proceedings offer the promise of efficient and affordable access to justice for persons similarly adversely affected by a product. Straightforward products cases have accordingly been referred to as “ideal”, or “quintessential” class proceedings. However, many product liability cases are not well-suited for class proceedings. This chapter provides background information about product liability class actions in Canada, and guidance on the types of product liability claims most amenable to class treatment. Published in The International Comparative Legal Guide to Product Liability 2015.