The Supreme Court of Canada will not review a ruling by Ontario’s top court, enabling mass shooting survivors to advance their class-action lawsuit against Smith & Wesson.
In July 2018, a gunman killed 18-year-old Reese Fallon and 10-year-old Julianna Kozis, injuring 13 others on Toronto’s Danforth Avenue before taking his own life. The weapon, a stolen semi-automatic handgun from Smith & Wesson, is at the center of the lawsuit.
Survivors and families allege negligence for the gunmaker's failure to implement safety technologies to prevent unauthorized use. Initial claims failed certification as they lacked common issues among class members. However, Ontario’s Court of Appeal recognized that the motions judge imposed excessive requirements for certification.