The Ontario Superior Court of Justice has certified a class action alleging that Health Canada was negligent in failing to exercise its powers and responsibilities under the Food and Drugs Act.[6] This is the first successful certification of a class action relating to Health Canada’s role under the Food and Drugs Act with respect to medical devices and represents an important development in both class action and medical device liability litigation. It is also interesting in that the action was brought against Health Canada after a class action against the distributor of the allegedly defective device had been settled. To learn more, please see our information bulletin on this case.