Ashley L. Paterson

Partner

T: 416.777.7456 / E: patersona@bennettjones.com

Toronto

Ashley Paterson has a multifaceted commercial practice focused on class action, product liability, consumer protection and privacy litigation. She is an experienced litigator with a broad background in the defence of complex class actions and multi-party litigation, capable of providing tactical advice at all stages of complex cases.

Ashley has worked on several particularly influential cases, including successfully defeating certification of a multiple-model product liability class action, defending a class action involving one of the largest data breaches ever reported, and defending a high-profile class action alleging systemic abuse and negligence. Ashley has extensive experience in the defence of medical device and pharmaceutical class actions, including pelvic mesh, hernia mesh and inferior vena cava filters. Ashley has also acted for defendants in product liability and consumer cases (individual cases as well as class actions) related to allegedly defective automobile airbags, gear shifters, printer paper, electrical power bars, guardrails, water heaters, and fan motor components, among others.

Ashley works as Canadian national counsel to a number of international companies that design and manufacture both consumer and commercial products. Much of Ashley's work is international in scope and she frequently works with clients facing cross-border litigation. Ashley has experience managing and coordinating Canadian litigation in multi-jurisdictional proceedings, and working collaboratively with U.S. counsel on parallel matters.

Ashley is praised as being “an excellent lawyer” and "smart, reliable and attentive." Ashley has consistently been ranked by Chambers & Partners in the category of Litigation: Products Liability. Ashley recently received the IFLR Rising Star Award in the category of Product Liability (2022). In addition to her practice, Ashley Co-Chairs the annual Cambridge Forum on Canadian Class Actions; is a member of the Canadian Bar Association, the American Bar Association, The Advocates' Society and the Defence Research Institute; and is a former member of the Ontario Bar Association's Class Actions Law Section Executive.

Ashley regularly speaks and writes in the above-noted areas and is a frequent attendee of industry conferences. She has published extensively in the above-noted areas, both at the local and international levels.

Select Experience

Marriott International Inc. in class actions commenced across Canada arising from the Starwood Guest Reservation Security Database Incident
Trinity Industries, Inc., a highway guardrail manufacturer, in a national consumer class action alleging negligence and breach of warranty
Fairmont Hotels, Marriott Hotels, Delta Hotels and Resorts and Sandman Hotels, in a national consumer class action alleging improper fee charges
C.R. Bard Inc. and its affiliates in defence of several proposed product liability class actions regarding surgical mesh indicated to treat pelvic organ prolapse and stress urinary incontinence
C.R. Bard Inc. and its affiliates in defence of several proposed product liability class actions regarding surgical mesh indicated for hernia repair
C.R. Bard Inc. and its affiliates in defence of several proposed product liability class actions relating to medical devices which prevent blood clots from reaching the lungs in patients at risk of pulmonary embolism
Volkswagen AG and its affiliates in defence of an emissions class action
A.O. Smith as Canadian national product liability counsel with respect to its hot water products

Recent Recognitions

Canadian Legal Lexpert Directory

Repeatedly Recommended, Litigation - Product Liability
Chambers Canada

Ranked, Litigation: Product Liability

Recent Insights, News & Events

Health Canada Consultation on Proposed Amendments to Address Drug and Medical Device Shortages in Canada
Blog / January 22, 2025
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 discontinuances. Through a consultation process, Health Canada is seeking input on the proposed amendments and draft guides from manufacturers, distributors, wholesalers and other industry stakeholders.
B.C. Supreme Court Denies Certification of Contested Common Issues in Mentor Breast Implant Litigation
Blog / November 20, 2024
In Bosco v Mentor Worldwide LLC, 2024 BCSC 1931, the plaintiffs alleged that Mentor's silicone gel-filled breast implants, MemoryGel, caused adverse health effects, including connective tissue disorders and autoimmune symptoms. They argued that Mentor did not adequately warn patients and surgeons about these risks and that Mentor breached consumer protection and competition legislation. Mentor consented to certain proposed common issues. The court agreed with Mentor that the remaining common issues should not be certified.
Amended Recall Requirements for Medical Devices and Pharmaceutical Products in Canada
Blog / October 29, 2024
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 Regulations, C.R.C., c. 870 (FDR) respectively. These amendments, which come into force on December 17, 2024, are intended to be responsive to feedback from industry stakeholders and consistent with departmental commitments made by the Ministry of Health. The amendments to the MDR and FDR aim to provide clear recall obligations, increase Health Canada’s supervision over recalls, and better align Canada’s recall procedure with those of other jurisdictions.
Bennett Jones Top Ranked in Chambers Canada 2025
Announcements / September 26, 2024
Bennett Jones is proud to have once again been recognized as one of Canada’s leading law firms across 41 practice areas, with 135 lawyer rankings in Chambers Canada 2025. These rankings reflect the deep trust our clients place in us to solve their most complex legal matters and underscore our lawyers' extensive understanding of their industries and businesses, enabling us to consistently deliver an exceptional experience. In this year's guide, Bennett Jones has 10 Band 1 practice rankings, 20 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Class Action Law Firm of the Year and was a finalist for Real Estate Law Firm of the Year.
Proposed Changes to the Guidance on Recognized Standards for Medical Devices in Canada
Blog / September 18, 2024
Changes affecting the approval of medical devices in Canada are coming. Health Canada has released a notice on Proposed Changes to the Guidance on Recognized Standards for Medical Devices along with a Draft List of Recognized Standards for Medical Devices for stakeholder consultation. The proposed changes will impact the process to license various classes of medical devices in Canada.
Bennett Jones Top Ranked in Chambers Canada 2024
Announcements / September 28, 2023
Bennett Jones has been recognized as one of Canada’s leading law firms across 39 practice areas, with 124 lawyer rankings in Chambers Canada 2024. In this year's guide, Bennett Jones has 11 Band 1 practice rankings, 21 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Real Estate Law Firm of the Year and was a finalist in Projects and Energy Law Firm of the Year.
Ashley Paterson and Robyn Enslen Honoured In Americas 2022 Rising Star Awards
Announcements / October 14, 2022
Ashley Paterson and Robyn Enslen have been named Rising Stars in the Americas 2022 Rising Star Awards, Robyn in the area of Equity Capital Markets and Ashley in Product Liability.
No Harm, No Class Action (Again): Ontario Superior Court Refuses to Certify Risk of Cancer Claim
Blog / August 17, 2022
In the recent decision of Palmer v Teva Canada Ltd., Justice Perell of the Ontario Superior Court dismissed the plaintiff's motion to certify a class action against manufacturers of the anti-hypertensive drug valsartan. The plaintiffs alleged that the defendant's valsartan products were negligently manufactured because they contained carcinogenic impurities.
Product Liability Causes of Action in 2022
Articles / May 12, 2022
Ashley Paterson and Julien Sicco write on product liability causes of action in 2022 in the Lawyer's Daily, noting that recent decisions in this area continue to shape its evolution.
The Expansion and Contraction of Product Liability Causes of Action
Updates / April 22, 2022
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 commonly pleaded negligence cause of action, and within claims for breach of express warranty and breach of the implied warranties that underlie consumer protection legislation. These decisions provide updated guidance in the context of both motions to strike and motions for certification. Manufacturers carrying on business in Canada should be aware of these developments.
Ashley Paterson and Nina Butz on Product Liability in Canada
Articles / April 14, 2022
Ashley Paterson and Nina Butz write in DRI's The Brief Case on "Product Liability in Canada."
Bennett Jones: "Top Tier" in Chambers Canada 2022
Announcements / September 16, 2021
Bennett Jones has been recognized as one of Canada’s leading law firms across 38 practice areas, with 111 lawyer rankings in Chambers Canada 2022. Bennett Jones has 8 Band 1 practice rankings and 14 Band 1 lawyer rankings in this year's guide.
Leave to the Supreme Court Denied: Latest on Pre-Certification Stays in Multijurisdictional Class Actions
Blog / May 25, 2021
We previously discussed the Alberta Court of Appeal's decision in Ravvin v Canada Bread Company, Limited, 2020 ABCA 424, which arose out of an alleged packaged bread price-fixing conspiracy. Plaintiffs started class proceedings in multiple provinces but stays were granted in most actions in favour of a national class proceeding before the Ontario Superior Court of Justice. The defendants similarly moved to stay the two proposed class proceedings in Alberta on the basis that they overlapped with the Ontario proceedings, which were more advanced. The plaintiff opposed the stay arguing that the certification application needed to proceed first.
Bennett Jones Wins Class Action Team of the Year Award
Announcements / May 19, 2021
Bennett Jones is the winner in the Class Action Team of the Year category in the 2021 Canadian Law Awards, for the firm's work for the defendants in Winder v. Marriott International Inc. The Canadian Law Awards recognizes the nation’s leading law firms, in-house legal teams, individuals, deals and cases over the past year, reflecting true excellence in the country's legal profession.
The Latest on Pre-Certification Stays in Multijurisdictional Class Actions
Blog / February 08, 2021
A recent decision of the Alberta Court of Queen's Bench addresses the challenges of considering a pre-certification application to stay a class action when the decision may impact an overlapping proceeding in another jurisdiction. The decision aligns with an emerging shift in class action litigation, which supports national coordination and communication between courts to adjudicate issues in multijurisdictional class actions.
Pre-Certification Stays in Multijurisdictional Class Actions: Ravvin v Canada Bread Company, Limited
Blog / December 04, 2020
In the wake of COVID-19, which has strained already limited judicial resources, the Alberta Court of Appeal has issued a decision addressing the need for judicial economy and the avoidance of duplicative and overlapping proceedings in multijurisdictional class actions.
Bennett Jones Names New Partners
Announcements / April 06, 2020
Bennett Jones is pleased to announce that 27 lawyers have been admitted to the partnership. They serve clients from our offices throughout the firm and represent a cross section of our key industry groups and practice areas including corporate, litigation and dispute resolution, regulatory and tax.
Bennett Jones' Leading Lawyers in Chambers Canada 2020
Announcements / September 19, 2019
Bennett Jones has been recognized as one of Canada’s leading law firms with over 100 recognized practitioners nationally in Chambers Canada 2020. Here are a few things clients have said: “The [...]
What the Law Commission of Ontario’s New Report on Class Actions Could Mean for Litigants
Blog / July 24, 2019
On July 17, 2019, the Law Commission of Ontario released the final report of its class action investigative project, Class Actions: Objectives, Experiences and Reforms. The project is the most comprehensive [...]
Move Over Toronto Raccoons—Hungry Squirrels Are Taking Over the Streets...and Class Actions?
Blog / November 19, 2018
We all love Rocky, Sandy and Scrat but, at least away from the silver screen, squirrels actually tend to be quite a nuisance. They dig holes in our lawns to bury acorns, steal from our bird-feeders and [...]
2018 MedTech Summit
Speaking Engagements / June 11, 2018
Ashley Paterson speaks at the 2018 MedTech Summit in Brussels on a panel with international product liability counsel.
Common Defect Found in Multiple-Model Product Liability Class Action
Blog / December 20, 2017
In a recent case before the British Columbia Supreme Court, N&C Transportation Ltd. v. Navistar International Corp., 2016 BCSC 2129 [N&C], Justice Skolrood certified a multiple-model product [...]
Québec Court of Appeal Confirms Wide and Liberal Approach to Class Action Authorization
Blog / November 23, 2017
On October 31, 2017, the Québec Court of Appeal released its decision in Asselin c. Desjardins Cabinet de services financiers inc., 2017 QCCA 1673. The Court of Appeal overturned the lower court’s [...]
American Bar Association Women in Litigation Joint Conference
Speaking Engagements / November 15, 2017
Ashley Paterson speaks at the American Bar Association Women in Litigation Joint Conference on Strategies for Managing Cross-Border Product Liability Litigation.
Class Action Stays in Saskatchewan—Should Defence Counsel Just Stay Away?
Blog / September 28, 2017
Overview In Spicer v Abbott Laboratories Ltd, 2017 SKQB 271 [Spicer], Justice Barrington-Foote declined to stay a class action even though parallel proceedings brought by the same counsel were dismissed [...]
Ashley Paterson Moderates OBA Public Law Class Actions Panel
Speaking Engagements / March 27, 2017
Ashley Paterson will moderate a four-person Ontario Bar Association panel that will explore practical strategies for prosecuting or defending public law class actions on March 27, 2017, in Toronto. Ashley is a member of the OBA's 2016-2017 Class Actions Law Section Executive. The Executive is responsible for facilitating learning, advocacy and networking on behalf of the OBA's Class Actions Law Section.
A Wise Decision: Recent Lessons on Evidence in Class Actions
Blog / December 15, 2016
Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 was a recent pre-certification summary judgment decision, which was released after the Divisional Court's decision this past summer in Dine v Biomet [...]
Association Alone Does Not Equal Causation in Product Liability Cases
Blog / December 02, 2016
Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar. Full series updates [...]
Trumpian Logic Fails in Recent Pharma Class Action Decision
Blog / December 01, 2016
Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar. Full series updates [...]
Pharmaceutical Product Liability Class Action Filed Relating to Olmetec Drug
Blog / November 25, 2016
Earlier this month a proposed class action was filed in Montreal by the Consumer Law Group alleging that Merck, Shering-Plough and Daiichi Sankyo (the Defendants) provided inadequate warnings about the [...]
"Conflicting" Defence Evidence Not Sufficient to Deny Class Certification
Blog / August 09, 2016
The Divisional Court's recent decision in Dine v Biomet Inc, 2016 ONSC 4039 will be of particular interest to members of the class action bar in Ontario, as it will have implications for evidence led [...]
Québec's New Code of Civil Procedure - An Obstacle to National Class Actions?
Blog / December 23, 2015
General counsel and the class action bar should take note that a new provision in Québec's new Code of Civil Procedure (NCCP), which comes into force on January 1, 2016, may create an obstacle for streamlining [...]
Latest Developments in the Ongoing UPS Class Action
Blog / July 10, 2015
A recent decision of the Divisional Court, in which Bennett Jones and its co-counsel acted for the class, held that whether brokerage fees charged by UPS to customers receiving deliveries in Canada are [...]
Product Liability Class Actions in Canada
Articles / June 11, 2015
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.
Recent Trends in Canadian Class Actions
Articles / June 10, 2015
Michael Eizenga, Ilan Ishai and Ashley Patterson present Recent Trends in Canadian Class Actions at the Law Society of Upper Canada's "Six-Minute Business Lawyer" program.
Ontario Superior Court States Clear Rule on Pre-Certification Production of Medical Records in Class Actions
Blog / May 19, 2015
On March 20, 2015, Justice Belobaba released his reasons in Dine v Biomet, a motion concerning the production of medical records prior to a certification motion. The case is a proposed product liability [...]
Certification Denied: Product Liability Cases are not "Quintessential" Class Actions
Blog / April 23, 2015
Certification was denied in a recent proposed multiple-model product liability class action before the Ontario Superior Court of Justice in O'Brien v Bard Canada Inc. We acted for the defendants. The [...]
Conflicting Decisions on Whether Parallel Class Actions Constitute An Abuse of Process
Blog / April 16, 2015
Two recent decisions of the Nova Scotia Court of Appeal and the Court of Queen's Bench of Alberta have come to opposite conclusions regarding whether it is an abuse of process to file the same class proceeding [...]
A Change of Pace for Product Liability Class Actions: Certification Denied in Two Recent Cases
Blog / March 16, 2015
Oft-referred to as "quintessential class actions", the majority of product liability actions that have sought certification as class proceedings in the last 10 years have been granted certification. However, [...]
Arora v. Whirlpool: The Case of Smelly Washing Machines
Blog / November 13, 2013
Smelly washing machines were at the centre of a recent decision of the Ontario Court of Appeal. In Arora v. Whirlpool Canada LP, the plaintiffs all bought Whirlpool front-loading washing machines. The [...]
SCC Protects the Confidentiality of Settlement Amounts to Promote Settlement in Multi-Party Lawsuits
Blog / June 27, 2013
A recent decision of the Supreme Court of Canada has ruled that in a multi-party lawsuit, a plaintiff that settles with only some defendants can keep the settlement amounts confidential from the non-settling [...]
Bennett Jones Welcomes New Associates in Toronto
Announcements / September 19, 2012
Bennett Jones welcomes the firm's newest associates in our Toronto office. Philip Ward joins our tax department, Tim Burns, Kyle Donnelly, Christopher Doucet, Jacob Dubelaar, Craig Garbe, Mike Lickver, George Reid, and David Rotchin join our corporate department, and Carlo di Carlo, Melissa Dimilta, Ashley Paterson, and Jessica Weiss join our litigation department.