Lindsay Lorimer

Partner


Toronto

Tel : 416.865.7197
Fax : 416.865.7048

Email : lindsay.lorimer@mcmillan.ca
VCard : vcard

Professional Experience Lindsay Lorimer is a partner in the Litigation and Dispute Resolution Group. Her practice is focused on product liability litigation and class actions. Her practise also involves counselling clients on risk assessment and management.

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 acted, both for the plaintiff and defence, in complex contractual disputes, serious personal injury claims and injunctive relief matters. She has also acted for insurers in no-fault and tort claims.

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. Lindsay is also experienced in alternative methods for resolving disputes, such as mediation and arbitration.

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 and class action certification and settlement. She has been involved extensively in multijurisidictional 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.

Representative Transactions

  • 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

  • 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.)

Academic Achievements

  • Second Place, National Mooting Competition, Gale Cup Moot, Toronto, Ontario
  • Honours Recipient in Clinical Program, Dalhousie University

Languages

  • English – Oral & Written
  • French – Conversational
  • Japanese – Basic

publications and presentations
April 2012
How Safe Is Your Confidential Business Information Under New Product Safety Laws?
DRI Product Liability Conference, Las Vegas, Nevada
December 2010
limitation periods where 'discoverability' at issue can now be determined at summary judgment
Litigation Bulletin
October 2010
Supreme Court finds coverage for construction defect claim
Construction Litigation Bulletin
August 2010
Chinese Drywall - Construction Products Claims and Coverage Issues
CCH: British Columbia Real Estate Law Developments


  • automotive
  • insurance
  • life sciences
  • litigation and dispute resolution
  • product liability

  • Ontario Bar Association
  • The Advocates' Society
  • Defense Research Institute
  • Toronto Construction Association
  • BILD
Called to the Ontario bar - 2000

Dalhousie University, LLB - 1998

Dalhousie University, BA, History (Deans List) - 1994