There seems to be a trend developing in United States courts to place limits on class actions, including class proceedings involving pharmaceutical and medical products, but the same cannot be said regarding courts in Canada. In the article, “Being Neighbourly: Canada Welcomes Foreign Defendants in Class Proceedings" published in the Winter 2015 issue of FDCC Quarterly, Davis LLP's David T. Neave explores Canada's class proceedings involving pharmaceutical and medical products in a four-part review.
David, who has extensive experience in defending class proceedings, discusses Canada's general approach to jurisdictional issues along with an overview of certification requirements in Canada. He reviews the causes of action that are available to Canadian plaintiffs that may not be available in other jurisdictions, and canvasses differences between the substantive law of the United States and Canada that are relevant to pharmaceutical and medical device class actions.
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