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Lindsay Lorimer practises product liability law and regulation with a focus on class actions, jurisdictional issues and insurance. She assists clients with the coordination and management of complex national litigation, including matters relating to consumer products, medical devices and pharmaceutical products.

Acting for clients in the automotive, manufacturing, life sciences and consumer products sectors, Lindsay frequently advises stakeholders at all levels of the marketing channel on regulatory requirements for various products, risk management issues, and corrective actions including product warnings and recalls.

With an extensive background defending class actions as well as individual and commercial product liability lawsuits, Lindsay has provided counsel in connection with fire and security products, food products, recreational products, construction and industrial machinery, motor vehicles, building materials and juvenile products. Lindsay has been counsel in several national and international class proceedings relating to pharmaceutical products, and has developed a deep understanding of medical-legal issues, and the regulatory regime governing the approval and marketing of pharmaceutical products in Canada.

Consistently recognized for her expertise in numerous directories, Lindsay is listed as a leading lawyer in the International Who’s Who Legal for Product Liability Defence, Chambers Canada (2021), and as a litigation star in Benchmark Litigation: Canada (2020). She also enjoys a Distinguished rating from Martindale-Hubbell. Lindsay appears before all levels of court in Ontario, as well as the Financial Services Commission of Ontario and coroner’s inquest proceedings.



Representative Matters

  • Acting as national counsel to major global manufacturer in connection with their product liability litigation across Canada
  • Successfully defending foreign company in anti-suit proceeding
  • Providing policy and compliance advice to global companies in relation to the Canadian Consumer Product Safety Act
  • Representing auto parts companies in multijurisdictional class proceedings involving consumer protection and competition allegations
  • Representing a trust company in national class proceedings
  • Representing a leading pharmaceutical company in connection with indemnity advice
  • Representing a leading pharmaceutical company in connection with risk management advice
  • Defended an international manufacturing company in a fatality claim respecting the design and labelling of a hydraulic component
  • Defended a building products manufacturer in a product liability claim relating to the design and construction of a waterproof membrane in a condominium
  • Defended a North American manufacturing company in several personal injury claims relating to the design and performance of construction and aerial equipment
  • Defended an architect in a complex, class action respecting the design, manufacture and installation of portables by a school board
  • Defended a North American toilet manufacturer from a series of design defect and negligence claims
  • Defended a North American building products manufacturer respecting the design and installation of external insulation finishing system
  • Defended the city transit authority respecting the collapse of a bus shelter which caused significant personal injuries
  • Selected Superior Court and Appellate Decisions
  • 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.)
  • Argiloff v. Co-operators General Insurance Co.; 2005 CarswellOnt 2681, Financial Services Commission of Ontario (Arbitration Decision)

Speaking Engagements

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

News


Media Mentions

  • “Ontario summary judgment rules”, LawTimes, March 11, 2011

Rankings & Recognition

  • 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 (2021) as a leading lawyer in the area of Litigation: Products Liability
  • 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
  • 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.”
  • Second Place, National Mooting Competition, Gale Cup Moot, Toronto, Ontario
  • Honours Recipient in Clinical Program, Dalhousie University

Community Involvement

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

Directorships & Affiliations

  • Ontario Bar Association
  • The Advocates’ Society
  • Toronto Construction Association
  • BILD
  • Defense Research Institute, Chair, Juvenile and Children’s Products Specialized Litigation Group
  • International Association of Defence Counsel

Education & Admissions

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

Publications

Insights by Lindsay Lorimer (11 Posts)

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

Nov 5, 2020

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.

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

Apr 7, 2020

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

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

Mar 23, 2020

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

The International Comparative Legal Guide to: Insurance & Reinsurance 2018

Mar 20, 2018

The International Comparative Legal Guide to: Insurance & Reinsurance 2018

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

Nov 14, 2017

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.

The International Comparative Legal Guide to: Insurance & Reinsurance 2017

Feb 1, 2017

The International Comparative Legal Guide to: Insurance & Reinsurance 2017

Privacy, Data Protection and Cybersecurity Seminar

Nov 3, 2016

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.

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

Aug 11, 2016

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

The International Comparative Legal Guide to: Insurance & Reinsurance 2016

Feb 1, 2016

The International Comparative Legal Guide to: Insurance & Reinsurance 2016

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

Jan 31, 2015

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

The Essential Guide to Settlement in Canada

Dec 18, 2013

The Essential Guide to Settlement in Canada