Lindsay Lorimer 

Lindsay Lorimer

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7197
e: lindsay.lorimer@mcmillan.ca

overview

Lindsay Lorimer is a partner in the Litigation and Dispute Resolution Group. Her practice is focused on product liability litigation, class actions, complex commercial litigation, jurisdictional issues and insurance. Lindsay assists a number of companies with national coordination and management of their litigation matters.  In addition, Lindsay has advised clients in crisis situations dealing with privacy and data breaches. 

Lindsay also regularly advises manufacturers, distributors, importers and retailers on regulatory requirements of various products, risk management issues and corrective actions including product warnings and recalls. 

Lindsay enjoys a Distinguished rating from Martindale-Hubbell, is recognized in the international Who’s Who Legal for Product Liability Defence and is described as a “top tier advocate who is known to be a very effective either at mediation or in the courtroom”.  She 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 has been counsel in several class proceedings, national and international, relating to product liability, with a strong emphasis on pharmaceutical products. Her class action experience includes decisions on a wide range of domestic and cross-border issues including those relating to parallel proceedings, cross-border discovery, challenging expert evidence, jurisdiction  and class action certification and settlement. She has been involved extensively in multijurisdictional product liability litigation in pharmaceuticals including the Canadian diet drug litigation, Baycol and Prepulsid class actions. As a result of her work, Lindsay has knowledge of medical-legal issues and also the regulatory regime governing the approval and marketing of pharmaceutical products in Canada.

Prior to joining the firm, Lindsay practised with a prominent class action boutique and served as in-house counsel with a large insurance company. Lindsay has expertise in complex insurance disputes, insurance coverage issues and reinsurance.

Lindsay has been counsel in a range of civil cases and has appeared as counsel before all levels of court in Ontario, as well as the Financial Services Commission of Ontario. In addition, Lindsay has experience in product liability-related 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)

Presentations

Silent Recall or Product Improvement
The Civil Litigator's Survival Guide to Evidence
Reporting Requirements and the risk Assessment Framework under the CCPSA
Built to Last: Toronto Mentoring Dinner Series
How Safe Is Your Confidential Business Information Under New Product Safety Laws?

Publications

The International Comparative Legal Guide to: Insurance & Reinsurance 2017
Mis(class)ified? First-of-its-Kind Class Action Gets the Green Light
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
Coping with the Proposed Rules, Proposed Guidance ad Growing Aggressiveness of the CPSC and Health Canada
Expert Evidence in Canada
What's in Store for the Childrens' Products Industry, Given the Growing Aggressiveness of the CPSC and Health Canada
The Essential Guide to Settlement in Canada
Summary of Child Product Liability Law United States and Canada

News

33 McMillan lawyers recognized in Who's Who Legal Canada 2017
McMillan Lawyers Contributed to Six Practice Areas in the International Comparative Legal Guides (ICLG)
Who's Who Legal: Product Liability Defence 2016 recognizes four McMillan Lawyers
McMillan contributes Canadian chapter to The International Comparative Legal Guide to Insurance & Reinsurance 2016
Lindsay Lorimer and Anna Tombs write chapter on expert evidence in Annual Review of Civil Litigation 2015
McMillan lawyers publish The Essential Guide to Settlement in Canada

Education

  • Dalhousie University, LLB - 1998
  • Dalhousie University, BA, History (Deans List) - 1994

Year Of Call

  • Called to the Ontario bar - 2000

Practices

litigation
product liability
class actions
insurance
business litigation
mediation
appellate advocacy
construction litigation
product safety regulatory
data breach and privacy litigation

Industries

automotive
life sciences
pharmaceuticals
transportation
construction
food, beverage and agribusiness
healthcare
aboriginal law

Directorships and Professional Associations

  • 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

Community Involvement

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

Awards & Rankings

  • Named in Who's Who Legal: Product Liability Defence 2016-17
  • 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

Media Mentions

  • "Ontario summary judgment rules", LawTimes, March 11, 2011
vcard

Lindsay Lorimer is a partner in the Litigation and Dispute Resolution Group. Her practice is focused on product liability litigation, class actions, complex commercial litigation, jurisdictional issues and insurance. Lindsay assists a number of companies with national coordination and management of their litigation matters.  In addition, Lindsay has advised clients in crisis situations dealing with privacy and data breaches. 

Lindsay also regularly advises manufacturers, distributors, importers and retailers on regulatory requirements of various products, risk management issues and corrective actions including product warnings and recalls. 

Lindsay enjoys a Distinguished rating from Martindale-Hubbell, is recognized in the international Who’s Who Legal for Product Liability Defence and is described as a “top tier advocate who is known to be a very effective either at mediation or in the courtroom”.  She 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 has been counsel in several class proceedings, national and international, relating to product liability, with a strong emphasis on pharmaceutical products. Her class action experience includes decisions on a wide range of domestic and cross-border issues including those relating to parallel proceedings, cross-border discovery, challenging expert evidence, jurisdiction  and class action certification and settlement. She has been involved extensively in multijurisdictional product liability litigation in pharmaceuticals including the Canadian diet drug litigation, Baycol and Prepulsid class actions. As a result of her work, Lindsay has knowledge of medical-legal issues and also the regulatory regime governing the approval and marketing of pharmaceutical products in Canada.

Prior to joining the firm, Lindsay practised with a prominent class action boutique and served as in-house counsel with a large insurance company. Lindsay has expertise in complex insurance disputes, insurance coverage issues and reinsurance.

Lindsay has been counsel in a range of civil cases and has appeared as counsel before all levels of court in Ontario, as well as the Financial Services Commission of Ontario. In addition, Lindsay has experience in product liability-related Coroner’s Inquest proceedings.

  • 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)
2015
The Law on Experts a Work in Progress
Annual Review of Civil Litigation
Eds: The Honourable Mr. Justice Todd L. Archibald, The Honourable Mr. Justice Randall Scott Echlin
2015
Canada Chapter

The International Comparative Legal Guide to: Insurance & Reinsurance 2015, 4th Edition

Fall 2014
Coping with the Proposed Rules, Proposed Guidance ad Growing Aggressiveness of the CPSC and Health Canada
In-House Quarterly, Defence Research Institute: by Cheryl Possenti, Aaron Aisen and Lindsay Lorimer
June 2014
Expert Evidence in Canada
Author, DRI International Bulletin
May 2014
Counsel Beware: Changes in Expert Evidence

DRI International

April 2014
What's in Store for the Childrens' Products Industry, Given the Growing Aggressiveness of the CPSC and Health Canada
Paper & Presentation, Defence Research Institute, Biltmore, Arizona
December 2013
The Essential Guide to Settlement in Canada
LexisNexis Canada
September 2013
Summary of Child Product Liability Law United States and Canada
Contributor, Juvenile Product Manufacturers Association and Defense Research Institute Children's Products Specialized Litigation Group
February 2017
Silent Recall or Product Improvement
Product Liability Conference, Las Vegas, Nevada
April 2016
The Civil Litigator's Survival Guide to Evidence
Osgoode Professional Development
September 11, 2014
Reporting Requirements and the risk Assessment Framework under the CCPSA
Panel Presentation, Mid-West Regional Meeting at International Consumer Product Health and Safety Organization
May 2014
Built to Last: Toronto Mentoring Dinner Series
Mentor, The Advocates Society
April 2012
How Safe Is Your Confidential Business Information Under New Product Safety Laws?
DRI Product Liability Conference, Las Vegas, Nevada