Rachel Cooper Photo
Rachel Cooper Photo
Rachel Cooper Photo

Rachel is described by clients as a bold advocate, who is practical, efficient, and a creative problem-solver. Her practice focuses on product liability defence and products-related regulatory issues in the automotive, industrial manufacturing and consumer products sectors. She has extensive experience defending manufacturers in product liability actions, involving products ranging from automobiles, construction, agriculture, and industrial machinery, and recreational vehicles, to fire and security products, consumer products, building materials, and juvenile products.

Rachel acts as national coordinating counsel for several manufacturing clients, managing their product liability litigation matters across Canada. She provides advice to clients in relation to the Canada Consumer Product Safety Act and routinely handles product recalls, working on global recall teams. She further provides proactive risk management advice and strategies, including warnings and manual reviews.

Rachel is recognized for her expertise in Chambers Canada as a leading lawyer in the area of Litigation: Product Liability. She is Vice Chair of the Products Liability Section of the Federation of Defence and Corporate Counsel (FDCC) and is the Chair of the Building Products Specialized Litigation Group for the Defence Research Institute (DRI).



Speaking Engagements

Moderator, Regulatory Issues Facing Recreational Vehicle Manufacturers, DRI Product Liability Conference, Denver, CO.

February 9, 2024

Moderator, Anatomy of a Crane Collapse, DRI Product Liability Conference, Denver, CO.

February 7, 2024

Panelist, "The Hound of the Class Action: Recent Class Action Development", Canadian Transport Lawyers Association, Montréal

October 21, 2023

Canadian Franchise Association on Equity, Diversity, and Inclusion

September 21, 2023

The Intersection of EV, ESG, and Supply Chain Issues at DRI Strictly Automotive, Washington DC

August 18, 2023

AMBest Insurance Professional Resources' Complimentary Webinar, Always On: How Video Surveillance is Changing Liability and Damage Evaluation

February 16, 2023

2023 DRI Product Liability Conference, SLG Session 2 Building Products, HVAC Liability

February 1, 2023

Project Management and Budgeting for Litigators, Project Management for Advocates: The Nuts and Bolts of putting together a plan and a budget

November 18, 2022

News


Rankings & Recognitions

  • Recognized in the 2024 Lexpert Special Edition on Litigation
  • Recognized by Chambers Canada (2025) as a leading lawyer in the area of Litigation: Product Liability
  • Recognized in the 2024 Who’s Who Legal: Product Liability Defence Guide
  • Recognized in the 2024 Canadian Legal Lexpert Directory as a Leading Lawyer to Watch in the area of Litigation – Product Liability
  • Recognized by Chambers Canada (2024) as a leading lawyer in the area of Litigation: Product Liability
  • Recognized by Chambers Canada (2023) as a leading lawyer in the area of Litigation: Product Liability

Directorships & Affiliations

  • Women’s Law Association of Ontario
  • Ontario Bar Association
  • Canadian Bar Association
  • The Advocates’ Society
  • Defence Research Institute
  • American Bar Association
  • Canadian Defence Lawyers (CDL)
  • Federation of Defence and Corporate Counsel (FDCC)

Education & Admissions

2009
Called to the Ontario bar
2008
LLBUniversity of Ottawa
2005
BA University of Western Ontario

Insights (21 Posts)View More

Featured Insight

Health Canada Flags Lithium-Ion Batteries and More as Key Hazards in New Prohibitions List

Health Canada recently added three new classes of consumer products to the hazards of concern on the General Prohibition List under the Canada Consumer Product

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Nov 25, 2024
Featured Insight

Exclusion Clauses Prevail: Supreme Court of Canada Defers to Contracts

The SCC has clarified when and how companies can contract out of the implied warranties and conditions set out in the Sale of Goods Act.

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Aug 27, 2024
Featured Insight

Jury’s Out: Bench Trials Are In

Ontario courts are leaning towards the elimination of civil jury trials, as evidenced in recent decisions out of the Ontario Superior Court of Justice.

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May 8, 2024
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.

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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.

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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.

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Nov 20, 2023
Featured Insight

Psychological Upset or Injury? The Ontario Court of Appeal Considers the Standard for Mental Injury Claims in Bothwell v. London Health Sciences Centre

This bulletin discusses the recent decision in Bothwell v. London Health Sciences Centre regarding the absence of relevant evidence in a mental injury claim.

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Oct 25, 2023
Featured Insight

Ontario Court of Appeal Interprets Van Breda Test in the Context of Tort Actions in Sinclair v Amex Canada Inc.

Ontario Court of Appeal allows appeal and stays tort action against foreign defendants due to lack of jurisdiction of the provincial court.

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May 11, 2023
Featured Insight

Too Little, Too Late: Judicial Time Constraints to Amendment of Pleadings

Two recent cases from the Ontario Superior Court demonstrate judicial intolerance for parties amending pleadings years after an action has commenced.

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Apr 18, 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.

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Mar 20, 2023
Featured Insight

Winter Walkers, Be Warned: Occupiers Benefit from Contributory Negligence Analysis

Recent decision in Wilson v. 356119 Ontario Ltd. et al. details occupiers' liability and contributory negligence analysis required for slip and fall actions.

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Feb 16, 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.

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Sep 22, 2022
Featured Insight

Ontario Superior Court Provides Refresher on Occupiers’ Liability Claims in Martin v. AGO et al.

This decision highlights that occupiers will not be found liable for injuries if they implement and follow a reasonable system of inspection and maintenance.

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May 26, 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

The Ontario Court of Appeal Expands the Range of Damages under the Family Law Act for Loss of Care, Guidance, and Companionship

The Ontario Court of Appeal has recently upheld a non-pecuniary damage award from a jury exceeding its previous guidance.

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Jul 27, 2021
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

What Are You Suing Me For? I Had No Control: Lessor Fleet Liability

The decision in Barz concerns the interplay between Alberta’s Workers’ Compensation Act and Traffic Safety Act.

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May 12, 2021
Featured Insight

Occupiers’ Liability Amendment: Ontario Shortens Notice Periods for Snow and Ice Related Claims

On December 8 2020 Ontario passed Bill 118 amending the Occupiers Liability Act and shortening the notice period in slip and fall claims from 2 years to 60 days

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Dec 18, 2020
Featured Insight

Litigating During COVID-19: Still Possible

A summary of the key ways to advance or continue litigation during the pandemic.

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May 20, 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.

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Mar 23, 2020