Price v. Smith & Wesson Corp.
SAMANTHA PRICE
SKYE MCLEOD
KENNETH PRICE
CLAIRE SMITH
PATRICK MCLEOD
JANE MCLEOD
SMITH & WESSON CORP.
Law Firm / Organization
McMillan LLP
In the case of Price v. Smith & Wesson Corp. dated October 26, 2023, a class action lawsuit had been initiated under the Class Proceedings Act, 1992. The Plaintiffs, consisting of Samantha Price, Claire Smith, Kenneth Price, Skye McLeod, Patrick McLeod, and Jane McLeod, had filed a lawsuit against Smith & Wesson Corp., the manufacturer of the M&P®40 semi-automatic handgun. The unfortunate incident in question, referred to as the "Danforth Shooting," had occurred when an M&P®40 handgun, which lacked "authorized user" or "smart gun" technology, had been stolen and had ended up in the possession of Faisal Hussain. On July 22, 2018, Hussain had indiscriminately opened fire along Danforth Avenue in Toronto, resulting in the random deaths of two individuals (aged 10 and 18), injuries to 13 others, and harm to numerous people as they fled the scene. The Danforth Shooting had come to a tragic conclusion when Hussain had used the M&P®40 to take his own life. Two motions were presented before the Court. The first motion had sought permission to file the Third and Fourth Supplementary Affidavits of Dr. Jooyoung Lee for the Certification Motion, which had been scheduled for January 22, 2024. The second motion had aimed to compel Smith & Wesson to provide responses and documents regarding questions raised during Dorota Smolarz's cross-examination on August 9, 2023. In the end, the Court had dismissed both motions and had ordered the Plaintiffs to bear the costs, regardless of the outcome of the Certification Motion.
Superior Court of Justice - Ontario
CV-19-00632915-00CP
Class actions
Defendant