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The Evolving Landscape for Pharmaceutical Product Liability Litigation in Canada
Beginning of article
ONLY a handful of pharmaceutical product liability cases have been tried in Canada, with the leading case being a decision from the mid-1980s involving reports of stroke in association with the use of oral contraceptives.1 There are many reasons for this, some of general application and some unique to Canada. For example, damage awards in Canada have historically been much lower than in the U.S., and most provinces have a loser pays costs system. Accordingly, plaintiffs counsel are likely to be more careful to ensure they pursue only serious cases that they have good reason to believe have merit, and the cost of settling for defendants may often be less than the cost of defending. …
