Class-action lawsuit over deadly Toronto shooting clears another legal hurdle

The Globe and Mail
The Supreme Court of Canada declined to review a ruling allowing a class-action lawsuit against a gunmaker to proceed.

Summary

The Supreme Court of Canada has declined to review a decision by Ontario's top court that allows survivors and families of the 2018 Danforth Avenue shooting to proceed with a class-action lawsuit against a gun manufacturer. The 2018 shooting in Toronto resulted in the deaths of Reese Fallon and Julianna Kozis, and left 13 others injured. The gunman used a stolen semi-automatic handgun manufactured by Smith & Wesson.

The lawsuit alleges that the manufacturer failed to implement technology capable of preventing the unauthorized use of its firearms. While the claim was initially unsuccessful at the certification stage because a judge ruled the plaintiffs failed to identify common issues, the Ontario Court of Appeal overturned that decision. The appellate court found that the original judge had set an unfairly high bar by requiring plaintiffs to essentially prove the merits of their case during the certification process.

(Source:The Globe and Mail)

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