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Ontario Court of Appeal Affirms the Need to Establish Actual Harm in Negligence Claims

May 02, 2024

Drug, Device and Biotechnology

By Jessica Lam and Imad Alame 

This article discusses a recent decision of the Court of Appeal for Ontario, which affirms dismissal of a motion to certify a proposed class action related to alleged NDMA contamination in Valsartan, a prescription drug. The Court’s decision, which is in line with other recent landmark Canadian product liability cases, affirms that Canadian law does not provide remedies for theoretical or speculative risks because actual harm, not just risk of harm, is required for recovery in tort.

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