Lindsay Lorimer is a partner in the Litigation and Dispute Resolution Group and is regarded as a “fierce advocate both in trial and at mediation”.  Lindsay’s practice is heavily focused on product liability defence, products related regulatory issues as well as class actions and insurance litigation matters. She is consistently recognized for her expertise in numerous directories, both Canadian and global, including Lexpert, Benchmark, Chambers and Who’s Who Legal. She was recognized by Who’s Who Legal as a Global Thought Leader and was the Winner of Lexology’s Client Choice Award for Product Liability Defence in 2022.

Lindsay has extensive experience defending class actions and both individual and commercial product liability lawsuits involving a broad range of products including fire and security products, consumer products, food products, pharmaceuticals and medical devices, recreational products, construction and industrial machinery, motor vehicles, building materials and juvenile products.  Her broad experience includes cases that involve complex scientific, medical and technical evidence. Lindsay also acts as national counsel to a number of companies, assisting with coordination and management of their litigation and regulatory matters across Canada and helping them to protect and build their reputation and business in Canada.

She has considerable experience providing advice, and advocating on behalf of companies, in relation to regulatory issues involving Health Canada. Lindsay routinely advises clients in relation to product liability proactive risk management, contractual negotiations and disputes, compliance matters and the regulatory regimes governing the approval and marketing of medical devices, and consumer products in Canada. She has extensive experience managing and resolving compliance issues and working with companies to manage domestic and international product recalls.

Lindsay appears before all levels of court in Ontario, as well as the Financial Services Commission of Ontario and coroner’s inquest proceedings. Lindsay is the Vice Chair of the the Defense Research Institute’s (DRI) Product Liability Committee and is the Annual Meeting SLC Chair for DRI and is an active member of the International Association of Defence Counsel (IADC).



Representative Matters

Selected Superior and Appellate Cases

  • Gordon et al. v. 837690 Ontario and Tyco et al.., 2022 ONSC 1028
  • Prumpcrete Corporation v. Clark Rigging and Rental and Cropac Equipment, 2021, ONSC 8057
  • Durham Condominium Corporation No. 123 v. Watts, 2019 ONSC 4834 (CanLII)
  • Durham Condominium Corporation No. 123 v. Watts, 2019 ONSC 4833 (CanLII)
  • Noiles v. MTD Products Inc., 2019 ONSC 4642 (CanLII)
  • Noiles v. MTD Products Inc. 2018 ONSC 5984 (CanLII)
  • Sheridan Chevrolet v. Hitachi et al, 2018 ONSC 3786 (CanLII)
  • Sheridan Chevrolet v Hitachi et al, 2017 ONSC 2803 (CanLII)
  • Urlin Rent a Car v Furukawa Electric, 2016 ONSC 7965 (CanLII)
  • Fontanilla v Thermo Cool Mechanical, 2016 ONSC 7023 (CanLII)
  • Urlin Rent A Car v Furukawa Electric et al, 2016 ONSC 5736 (CanLII)
  • Groves v. Sehgal et al, 2016 ONSC 5053 (CanLII)
  • Groves v Sehgal et al, 2016 ONSC 3976 (CanLII)
  • Veritas Investment v Indiabulls Real Estate Limited et al., 2015 ONSC 6040 (CanLII)
  • Veritas Investment Research Corporation et al. v Indiabulls Real Estate Limited et al., 2015 ONSC 6839 (CanLII)
  • Glube v. Pella Corp., 2013 Carswell Ont 13746, 2013 ONSC 6164, 233 A.C.W.S. (3d) 16
  • Catunto (Re), 2014 CanLII 90424 (ON OCCO)
  • Veritas Investment Research Corporation et al. v Indiabulls Real Estate Limited et al., 2015 ONSC 6040 (CanLII)
  • 1422791 Ontario Inc v. Dynamic Health Care Solutions, [2011] ONSC 6209
  • Butler v. Honda Canada Inc., [2009] O.J. 2262
  • Butler v. Honda Canada Inc., [2009] O.J. 2263
  • Butler v. Honda Canada Inc., [2008] O.J. 5390 (Ont. Sup. Ct.)
  • Arie v. Schreiber, [2008] O.J. 2176
  • 1092072 Ontario Inc. (c.o.b. Elfe Juvenile Products) v. GCAN Insurance Co et al . [2008] O.J. 3943 (Ont. Sup. Ct. J.)
  • Sollen v. Pfizer (2008), 290 D.L.R. (4th) 603, 55 C.P.C. (6th) 340 (Ont Sup. Ct. J.)
  • EdperBrascan Corp. v. 117373 Canada Ltd. (2000), 50 O.R. (3d) 425, 9 B.L.R. (3d) 234, 37 R.P.R. (3d) 188 (Sup. Ct. J.)
  • MacDonald (Litigation Guardian of) v. Dufferin- Peel Catholic (2000), 20 C.P.C. (5th) 345 (Sup. Ct. J.)
  • McGrath v. Lou, [2000] O.J. No. 4998 (Sup. Ct. J.)
  • Spreadbury v. Milne, [2007] O.J. No. 2375 (Sup. Ct. J.)
  • Testa v. Greater Toronto Area (GTA) Credit Union (2001), 43 R.P.R. (3d) 121 (Ont. Sup. Ct. J.)
  • Testa v. Greater Toronto Area (GTA) Credit Union, [2001] O.J. No. 5257 (Sup. Ct. J.)
  • Testa v. Greater Toronto Area (GTA) Credit Union, [2001] O.J. No. 5359 (Sup. Ct. J.)
  • Wilson v. Servier Canada Inc., [2002] O.J. No. 2019 (Sup. Ct. J.)
  • Wilson v. Servier Canada Inc., [2002] O.J. No. 3722 (Sup. Ct. J.)
  • Wilson v. Servier Canada Inc., [2002] 26 C.P.C. (5th) 194 (Ont. Sup. Ct. J.)
  • Wilson v. Servier Canada Inc., [2003] O.J. No. 155 (Sup. Ct. J.)
  • Wilson v. Servier Canada Inc., [2003] O.J. No. 157 (Sup. Ct. J.)
  • Wilson v. Servier Canada Inc., [2003] O.J. No. 280 (Sup. Ct. J.)

Speaking Engagements

Maple Syrup Mishaps: Nagivating Product Liability Issues in Canada – Bricker Graydon

November 7, 2023 (Zoom)

International Consumer Product Health & Safety Organization – Mind the Gap – Safety Issues and Unregulated Products with Sarah Jane Dobson, Stephen Lee and Gabe Knight – Annual Meeting 2023 Orlando, Florida

February 2023

Reconstructing Reality – IADC Annual Meeting (pre-recorded session) with Matt Cairns and Charles Fox

February 2023

2022 ICPHSO Annual Meeting- Counterfeit Products a Growing Risk to Global Product Safety.

February 14-17, 2022

2021 ICPHSO Annual Meeting - Navigating International Product Safety Regimes

February 2021

The Civil Litigator's Survival Guide to Evidence- Commonly-Encountered Evidentiary Conundrums and Their Solutions Osgoode Professional Development

April 2019

An Iron Fist in a Velvet Glove: Collective Redress in Europe DRI International Hot Topics

June 2018

2018 ICPHSO Annual Meeting - Yesterday, Today and Tomorrow: How Burgeoning access to Information Has and Will Impact Consumer Expectations for Product Safety

2018

Jurisdictional reporting requirements: Canada, United States and European Commission plus an industry perspective discussing a tool for efficient reporting. ICPHSO

June 2017

Silent Recall or Product Improvement: Product Liability Conference, Las Vegas, Nevada

February 2017

The Civil Litigator's Survival Guide to Evidence Osgoode Professional Development

April 2016

Reporting Requirements and the risk Assessment Framework under the CCPSA Panel Presentation, Mid-West Regional Meeting at International Consumer Product Health and Safety Organization

September 11, 2014

Built to Last: Toronto Mentoring Dinner Series Mentor, The Advocates Society

May 2014

How Safe Is Your Confidential Business Information Under New Product Safety Laws? DRI Product Liability Conference, Las Vegas, Nevada

April 2012

Product Liability Primer and Defending Recalled Products Speaker, Canadian Institute's Forum on Consumer Product Safety, Liability & Recalls

May 2011
Read more

News


Media Mentions


Rankings & Recognition

 

  • Recognized in the 2023 Lexpert Special Edition on Canada’s Leading Litigation Lawyers as a Leading Litigation Lawyer
  • Listed in Who’s Who Legal: Canada 2023 as a leader in Product Liability Defence“
  • Recognized by Chambers Canada (2024) as a leading lawyer in the area of Litigation: Product Liability
  • Listed in Who’s Who Legal: Canada 2023 as a Global Elite Thought Leader in Product Liability Defence
  • Recognized in the 2023 Lexpert Special Edition on Canada’s Leading Technology and Health Sciences Lawyers as a Health Sciences Lawyer
  • Recognized in the 2023 Benchmark Litigation: Canada Guide as a Litigation Star
  • Recognized in the 2023 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the area of Litigation: Product Liability
  • Recognized by Chambers Canada (2023) as a leading lawyer in the area of Litigation: Products Liability
  • Listed in Who’s Who Legal: Global 2022 as a leader in Product Liability Defence
  • Listed in Who’s Who Legal: Canada 2022 as a leader in Product Liability Defence
  • Winner of Lexology’s 2022 Client Choice Award for Product Liability Defence in Canada
  • Recognized by Chambers Canada (2022) as a leading lawyer in the area of Litigation: Products Liability
  • Recognized in the 2022 Benchmark Litigation: Canada Guide as a Litigation Star
  • Listed in the 2022 Who’s Who Legal: Product Liability Defence Report
  • Listed in Who’s Who Legal: Global 2021 as a leader in Product Liability Defence
  • Listed in Who’s Who Legal: Canada 2021 as a leader in Product Liability Defence
  • Recognized in the 2021 Benchmark Litigation: Canada Guide as a Litigation Star
  • Recognized by Chambers Canada (2021) as a leading lawyer in the area of Litigation: Products Liability
  • Recognized in the 2020 Benchmark Litigation: Canada Guide as a Litigation Star
  • Listed in Who’s Who Legal: Canada 2020 as a leader in Product Liability Defence
  • Recognized by Chambers Canada (2020) as a leading lawyer in the area of Litigation: Product Liability
  • Named in Who’s Who Legal: Product Liability Defence 2016-19
  • Second Place, National Mooting Competition, Gale Cup Moot, Toronto, Ontario
  • Honours Recipient in Clinical Program, Dalhousie University
  • Received a BV® Distinguished™ 4.4 out of 5 Peer Review Ranking from Martindale-Hubbell. Lindsay has been described as “very highly regarded within the products liability bar as a direct result of both her knowledge and her professionalism. Lindsay is known to be one of the hardest working litigators on Bay Street who has established herself as a top tier advocate who is known to be a very effective either at mediation or in the courtroom.”

Community Involvement

  • Corporate Sponsor Committee, Bessborough Home and School
  • Sponsorship, Leaside Minor Novice Gold Hockey

Directorships & Affiliations

  • Ontario Bar Association
  • Toronto Construction Association
  • International Association of Defence Counsel
  • The Advocates’ Society
  • BILD
  • Defense Research Institute, Chair of the Juvenile Products Specialized Litigation Group 2017-2018
  • Specialized Litigation Group Chair 2019
  • Vice Chair of 2020 Product Liability Conference
  • Program Chair of the 2021 Product Liability Conference

Education & Admissions

2000
Called to the Ontario bar
1998
LLB Dalhousie University
1994
BA, History (Dean's List) Dalhousie University

Publications

Insights (22 Posts)View More

Featured Insight

Adapting to Change: Key Insights into Recent Medical Device Regulatory Updates

Evolving medical device regulations: explore Health Canada updates, streamlined Type III recall reporting, and ensure compliance for a proactive approach.

Read More
Jan 3, 2024
Featured Insight

Class Actions May Now Be Easier to Defeat in Ontario

It is now clear: the revised preferability analysis under the amended Class Proceedings Act is a strict, more onerous hurdle for plaintiffs to satisfy.

Read More
Dec 4, 2023
Featured Insight

Beware of Bystanders: Ontario Court Expands the Scope of Negligence Claims

Ontario Court expands scope of negligence claims to include innocent bystanders.

Read More
Nov 20, 2023
Featured Insight

Automotive Webinar Series | Part III: Where Rubber Meets the Road: Automotive Litigation Update

At this session, our panel of experts will provide a panoramic view of the evolution of automotive class actions across Canada, a review of best practices for managing disputes with distributors and franchisees, and
insights into litigation and disclosure obligations arising from automotive industry labour issues.

Details
Wednesday, November 29, 2023
Featured Insight

Fanning the Flames of Liability: The Ontario Court of Appeal Considers Product Liability Issues in Burr v. Tecumseh Products of Canada Limited

The decision of the Court of Appeal in Burr v. Tecumseh Products of Canada Limited, 2023 ONCA 135 provides a helpful overview of product liability law.

Read More
Mar 20, 2023
Featured Insight

Mind the (ebike) Gap: How to Proceed with Product Recalls When There is a Regulatory Gap

While consumer interest in electric bicycles is increasing, regulatory interest in electric bicycles, or ebikes, is waning.

Read More
Sep 22, 2022
Featured Insight

Certified Today, Dismissed Tomorrow: Ontario Court Dismisses Automotive Class Action after Successful Certification

An Ontario court has dismissed a proposed class action against an automobile manufacturer on the merits for alleged false claims after certification.

Read More
Jun 29, 2022
Featured Insight

Outlook 2022: Class Actions in Canada

Join members of McMillan’s national Class Action group on Thursday, June 9th for an in-depth discussion on the developments and trends impacting the legal landscape for class actions in Canada.

Details
Thursday, June 9, 2022
Featured Insight

Clarity over Breadth: The Court of Appeal Refuses to Limit Liability under Sale of Goods Act

In Pine Valley Enterprises, the Ontario Court of Appeal confirms that exclusion clauses are not effective unless they use "explicit, clear and direct" language.

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Apr 14, 2022
Featured Insight

Due Means Due: Ontario Court Considers Effect of Pandemic Measures on New Class Action Mandatory Dismissal Deadline

Ontario court upholds automatic dismissal for delay despite temporary suspension of limitations periods and court closures brought on by the COVID-19 pandemic.

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Feb 2, 2022
Featured Insight

Stopping a Slippery Slope: Ontario Divisional Court Clarifies that Auto Insurance Coverage Applies Only to Direct Causes of Injuries

Ontario Divisional Court clarifies that automobile insurance only applies to direct causes of injury under the Statutory Accidents Benefits Schedule.

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May 12, 2021
Featured Insight

No Compensable Loss? No Class Action – Maginnis v FCA Canada

This bulletin discusses the decision in Maginnis v FCA Canada, where the court refused to certify an automotive class action for a lack of compensable loss.

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Nov 5, 2020
Featured Insight

Pivoting Production to Address COVID-19 Shortages – What Manufacturers and Distributors Need to Know

Summary of Health Canada pathways for accelerated approvals, business and liability considerations for manufacturers

Read More
Apr 7, 2020
Featured Insight

Does Your Business Interruption Insurance Cover You for COVID-19?

The COVID-19 pandemic is not yet contained and while governments struggle to respond, businesses are bracing for the inevitable economic downturn.

Read More
Mar 23, 2020
Featured Insight

The International Comparative Legal Guide to: Insurance & Reinsurance 2018

The International Comparative Legal Guide to: Insurance & Reinsurance 2018

Read More
Mar 20, 2018
Featured Insight

McMillan’s Second Annual Privacy, Cybersecurity and Data Protection Seminar

Members of McMillan’s Privacy, Cybersecurity, Data Protection groups will be discussing, for the second year running, how client and in-house counsel can educate their firms on how to navigate through privacy in the workplace, cyber security risks and data protection issues on Tuesday Nov 14, 2017.

Details
November 14, 2017
Featured Insight

The International Comparative Legal Guide to: Insurance & Reinsurance 2017

The International Comparative Legal Guide to: Insurance & Reinsurance 2017

Read More
Feb 1, 2017
Featured Insight

Privacy, Data Protection and Cybersecurity Seminar

As organizations are increasing their investment in data safeguards, McMillan’s Privacy Group would like to help our clients understand their core privacy, data protection and cybersecurity obligations and related legal issues.

Details
November 3, 2016 - 7:30 am to 12:30 pm EST
Featured Insight

Mis(class)ified? First-of-its-Kind Class Action Gets the Green Light

Mis(class)ified? First-of-its-Kind Class Action Gets the Green Light

Read More
Aug 11, 2016
Featured Insight

The International Comparative Legal Guide to: Insurance & Reinsurance 2016

The International Comparative Legal Guide to: Insurance & Reinsurance 2016

Read More
Feb 1, 2016

Is it Safe to Talk Now? Ontario Court of Appeal Decision in Moore on Counsel/Expert Interaction

Is it Safe to Talk Now? Ontario Court of Appeal Decision in Moore on Counsel/Expert Interaction

Read More
Jan 31, 2015
Featured Insight

The Essential Guide to Settlement in Canada

The Essential Guide to Settlement in Canada

Read More
Dec 18, 2013