The end of 2016 brought with it some good news for the defence in respect of pharmaceutical class actions, including a successful defence verdict in the first pharmaceutical product liability common issues trial in Canada. In 2016, Canadian courts also signalled a willingness to embrace summary judgment as a potential tool for early resolution of class proceedings and confirmed once again that an innovator (brand name) manufacturer does not owe a duty of care to generic users of the medicine. Defendants also achieved significant successes in resisting certification of proposed pharmaceutical class actions, despite the frequent certification of such actions in Canada.
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