Class-action lawsuit over deadly Toronto shooting clears legal hurdle

Survivors and families affected by the 2018 Toronto Danforth shooting have cleared a significant legal hurdle, as Canada's Supreme Court has refused to review a ruling that permits their class-action lawsuit against gun manufacturer Smith & Wesson to proceed.

The legal action stems from the July 2018 rampage where a gunman killed 18-year-old Reese Fallon and 10-year-old Julianna Kozis, while injuring 13 others. The gunman used a stolen Smith & Wesson semi-automatic handgun before taking his own life.

Plaintiffs in the lawsuit argue that the gun manufacturer was negligent by failing to incorporate technology that would prevent the unauthorized use of its firearms. This claim initially faltered at the certification stage, where a judge found that the proposed issues were not common to all class members.

However, Ontario's Court of Appeal overturned that decision, stating the motions judge had set the bar too high by requiring the plaintiffs to essentially prove their case on its merits during the certification process. The Supreme Court's decision not to intervene means the case can now move forward, allowing survivors and families to pursue their claim against Smith & Wesson.