Robin Linley
Partner | Toronto
Toronto: 416-863-3047

Robin provides proactive advice to leading manufacturers and distributors and others in the distribution chain on risk management, litigation avoidance strategies, government regulation and compliance, and product warnings and recalls. He primarily represents clients in the defence of serious personal injury cases involving allegations of failure to warn, negligent design, manufacture and testing of medical devices, pharmaceutical products, automotive parts, food products, commercial and industrial machinery, crop protection and agricultural products, electrical products, restaurant equipment, and consumer goods. Many of these cases are class actions.

Robin's practice extends into general commercial litigation where he represents both plaintiffs and defendants in disputes involving breach of restrictive covenants, shareholder disputes, professional negligence and breach of commercial contracts. He also represents and advises First Nations and non-First Nations clients in resolving disputes involving Canadian aboriginal law arising from the management of First Nations lands and resources, constitutional claims and treaties, and issues relating to the Crown's duty to consult.

SELECT EXPERIENCE

A representative sample of recent experience includes:

  • Co-counsel in Ontario defending product liability class actions against leading multinational manufacturers and distributors of pharmaceutical, over-the-counter medicines and medical devices, including gastrointestinal medicines, contraceptive products and orthopaedic components; also involved in the national co-ordination of class action defence and strategy in other provinces including Quebec, Alberta, Nova Scotia and Saskatchewan
  • Counsel for leading multinational manufacturers and distributors in the defence of individual product liability actions involving surgical devices and hospital equipment, automotive parts, crop protection products, and electrical and other industrial equipment
  • Representing leading multinational manufacturers and distributors in their interactions with government regulators with respect to electrical and health safety compliance requirements
  • Co-counsel representing a First Nation in significant complex litigation against the Canadian and Ontario governments connected with fiduciary obligations owed by the Crown to properly deal with and manage the First Nation's lands and monies
  • Lead counsel for a Canadian forestry company in a judicial review application related to the Crown's duty to consult with First Nations
AWARDS & RECOGNITION

Robin is recognized as a leading product liability lawyer in Canada by the following publications:

  • The Best Lawyers in Canada 2018 (Class Action Litigation and Product Liability Law)

  • The Canadian Legal Lexpert Directory 2017 (Litigation - Product Liability)

  • Law Business Research's The International Who's Who of Business Lawyers 2012
  • Law Business Research's The International Who's Who of Product Liability Defence Lawyers 2011
PUBLICATIONS
Show Past:
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PROFESSIONAL APPEARANCES
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Speaker: Examining and Cross-examining Experts
The Advocates' Society Civil Litigation Skills Certificate Program, Toronto, February 9, 2016.
Speaker: The Globalization of Drug and Medical Device Product Liability
ACI Drug and Medical Device Litigation Conference, New York, NY, December 2-4, 2015.
Speaker: The Globalization of Drug and Medical Device Product Liability - A Checklist for Creating a Cost-Effective Approach for International Mass Tort Litigation
ACI's 20th Annual Drug and Medical Device Litigation, New York, NY, December 2-4, 2015.
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