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Ontario Court of Appeal clarifies standards for compensable psychological injury in product liability claims: Palmer v. Teva

On March 27, 2024, the Court of Appeal for Ontario released its much awaited decision in Palmer v. Teva.[1] The decision sends a clear signal that claims based on weak science and remote or tenuous risks of future injury are unlikely to be certified. It is consistent with the clear trend in the Ontario jurisprudence refusing to certify class actions in the absence of compensable injury to class members.[2]

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[1] 2024 ONCA 220 [Palmer].

[2] See e.g. Hoy v. Expedia Group, Inc., 2024 ONSC 1462 (Div. Ct.), at para. 85.



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