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Canada Case Law

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Medical negligence 2025 BCSC 1246

Purchas v. Ogunremi

The court dismissed a medical negligence claim over Abilify, finding no breach of the standard of care and no proof that the 2 mg dose caused the plaintiff’s gambling and shopping losses.

  • Failure to warn
  • Standard of care
  • Monitoring
  • Causation
  • Damages
  • Medical-negligence
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Tort 2025 BCSC 1175

599253 Alberta Ltd. v. British Columbia

The court struck a negligence claim over a dam, holding Waterway Houseboats foreclosed any private duty of care to the plaintiffs on the pleaded facts.

  • Duty of care
  • Proximity
  • Privative clause
  • Statutory immunity
  • Failure to warn
  • Freedom of information
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Class actions 2025 BCSC 771

Mann-Campbell v. JUUL Labs Canada, Ltd.

Certification hearing in a JUUL class action was adjourned so the plaintiffs could amend pleadings, the class definition, and several proposed common issues.

  • Certification
  • Negligence
  • Failure to warn
  • Breach of consumer protection statutes
  • Sale of goods act claims
  • Unjust enrichment
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Class actions 2025 BCSC 92

British Columbia v. Apotex Inc.

The court dismissed jurisdictional and forum non conveniens challenges and certified the opioid-related class proceeding, finding some basis in fact for common issues and expert methodologies.

  • Opioid epidemic
  • Failure to warn
  • Negligent and fraudulent misrepresentation
  • Common design/joint liability
  • Certification criteria
  • Jurisdiction and forum non conveniens
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Product liability 2024 BCSC 1931

Bosco v. Mentor Worldwide LLC

The court partially certified a breast-implant class action, allowing common issues about silicone-related BII and CTDs to proceed, but refusing broader toxin-focused issues.

  • Breast implants
  • Failure to warn
  • Breast implant illness (bii)
  • Gel bleed
  • Silicone toxicity
  • Platinum and heavy metals
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Tort law 2024 BCSC 1440

Gionet v. Syngenta

Class action certification was granted in part for claims over paraquat-containing Gramoxone Products and Parkinson’s disease, but unjust enrichment was excluded.

  • Negligence
  • Negligent design
  • Failure to warn
  • Battery
  • Causation (general and specific)
  • Certification criteria
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Tort law 2024 BCCA 277

McKinsey & Company, Inc. United States v. British Columbia

The British Columbia Court of Appeal dismissed McKinsey’s appeal, holding it was not plain and obvious the Province’s opioid-related claims must fail at the pleadings stage.

  • Duty of care
  • Negligent misrepresentation
  • Failure to warn
  • Joint liability
  • Opioid litigation
  • Opioid damages and health care costs recovery act
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Tort 2024 BCCA 102

Ding v. Canam Super Vacation Inc.

The Court of Appeal dismissed a product-liability appeal over a tour bus without seatbelts, but allowed the costs appeal in part and adjusted the trial-cost order.

  • Negligent design
  • Failure to warn
  • Causation
  • Industry and regulatory standards
  • Feasibility of alternative design
  • Sanderson/bullock orders
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Medical negligence 2024 BCSC 298

Adams v. Merck Canada Inc.

The court allowed separate discoveries of a nurse and clinic representative, and permitted continuation of both discoveries on questions left on the record and new material.

  • Examinations for discovery
  • Commonality of interests
  • Vicarious liability
  • Informed consent
  • Failure to warn
  • Scope of discovery
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.