Skip to main content
Peter J Pliszka Toronto Lawyer

Peter J. Pliszka *

Partner | CHAIR, LIFE SCIENCES LITIGATION | CHAIR, PRODUCT LIABILITY & INSURANCE GROUP Fasken
Jurisdiction Ontario, 1989 | British Columbia, 2024
Language(s) English
Office(s) Toronto
Contact
*practising through a professional corporation
Share
  • LinkedIn

Overview

Peter Pliszka, a senior partner in Fasken’s Litigation Group, is regarded as one of Canada’s leading litigation lawyers. Peter’s practice is focused primarily on product liability, class action, commercial and insurance litigation matters, and it is national in scope. Peter conducts litigation proceedings across Canada and has appeared at all levels of court in Ontario and other Canadian provinces as well as the Supreme Court of Canada.

Peter is Fasken’s Chair-Life Sciences Litigation and National Chair of the firm’s Product Liability and Insurance Practice Group, which has been named Canada’s Product Liability Firm of the Year by Benchmark Canada in eight of the past twelve years—2014, 2016, 2017, 2018, 2019, 2022, 2023, and 2024—and the LMG Life Sciences Canadian Product Liability Firm of the Year in 2015, 2016, 2019 and 2020. Peter is widely regarded as one of Canada's foremost litigators. Among other honours, Peter has been named Healthcare & Life Sciences Product Liability Lawyer of the Year by Lexology Index Awards in 2025; Life Sciences Product Liability Lawyer of the Year by LMG Life Sciences in 2016, 2021, 2023, and 2024; Best Lawyers in Canada (2021) named Peter Lawyer of the Year (Product Liability); and Who’s Who Legal has frequently included Peter in its annual exclusive list of “Global Elite Thought Leaders” for Product Liability Defence and Life Sciences Product Liability.

Peter has substantial experience as defence counsel for manufacturing companies in private action and class action product liability and consumer rights proceedings. He has served as lead national defence counsel for clients in multi-jurisdictional and national product liability class actions in Canada involving motor vehicles, drugs, medical devices, food and sports equipment. 

Peter also has extensive experience advising on Canadian defence of cross-border legal proceedings involving parallel claims on both sides of the Canada-US border. In this capacity, Peter closely collaborates with clients’ outside counsel in the US, developing and executing defence plans in a strategic and cost-efficient manner.

Peter has been lead counsel in several major precedent-setting court decisions that have improved the legal landscape in Canada for defendants in product liability class actions. Examples include:

  • Maginnis et al v. FCA Canada Inc. et al, 2021 ONSC 3897 (Div. Ct.) which established the principle that a plaintiff must present some evidence of compensable loss suffered by the proposed class as a prerequisite to potential certification of a class action;
  • Palmer v. Teva Canada Ltd. et al, 2024 ONCA 220, which confirmed the principle that there can be no viable claim in the tort of negligence without evidence of actual damage -- an allegation of an increased risk of potential future damage is not actionable -- and substantially restricted the potential for a plaintiff to recover damages for the cost of medical monitoring; and
  • North v. Bayerische Motoren Werke AG, 2025 ONCA 340, which held that where an allegedly defective component of a product fails and causes damage to that larger product of which it is an integral part, the cost of repairing or replacing the larger product is “pure economic loss” which is not recoverable in a claim under the tort of negligence.

In addition to representing clients in lawsuits and other litigious proceedings (such as Coroners’ Inquests), Peter advises manufacturers, distributors, importers and retailers on the regulatory requirements of various products, risk management issues and corrective actions including product warnings and recalls.

Peter’s client base and his reputation are international in scope. He is regularly retained by clients from the US, Europe, and Asia in legal matters in Canada, and he has substantial experience in the area of private international law. In this context, Peter has been counsel in several leading cases respecting the law of jurisdiction in Canada. In particular, Peter was counsel for the foreign defendant in the precedent-setting Supreme Court of Canada case of Van Breda, which established a new (and improved, from the perspective of corporate defendants) test for determining when a Canadian court is entitled to take jurisdiction over a foreign defendant sued in a Canadian court.

Peter’s reputation as a top litigation lawyer has been recognized by numerous national and international legal directories, including Chambers Canada, Who’s Who Legal, Canadian Legal Lexpert Directory, Lexpert/American Lawyer, Benchmark Canada, Best Lawyers and Legal Media Group’s Guides to the World’s Leading Lawyers and “Best of the Best” guide to the top 30 product liability lawyers in the world.

Chambers ranks Peter as one of Canada's leading litigation lawyers in Class Actions and Product Liability; for the past several years. Peter has been ranked as one of only four or five lawyers in Band 1 for product liability litigation in Canada. Chambers has reported the following comments about Peter, based on its extensive survey of clients and peers:

“Peter Pliszka is highlighted as ‘exceptionally talented, very personable and practical.’ He regularly handles single plaintiff and class action cases, and has notably been involved in Canada’s high profile and ongoing opioid disputes.”

“Peter Pliszka enjoys a standout reputation as one of the “top people in the country” for product liability cases. His broad practice covers the full spectrum of proceedings in this area involving medical devices, automobiles, food and consumer products.”

“He is esteemed for his product liability work which covers pharmaceuticals, medical devices, and automobiles. Clients praise him for being ‘very customer-focused, very receptive and willing to work and very professional.”

"Peter Pliszka is recognized as a top-class advocate in product liability claims, with expertise spanning pharmaceuticals, medical devices, food and automobiles."

Similarly, the Lexpert Canadian Legal Directory lists Peter as one of Canada's leading litigation lawyers in class actions and a “most frequently recommended” lawyer in product liability law, while Lexpert/American Lawyer Magazine lists Peter in its Guide to the Leading 500 lawyers in Canada. 

Moreover, based on its surveys of in-house counsel and peers in the litigation bar, the International Bar Association’s lawyer ranking publication, Who’s Who Legal (WWL), has ranked Peter as one of the world's leading lawyers in product liability and life sciences litigation. Beyond that, in 2021 WWL included Peter as one of only 12 product liability lawyers from North America in its list of “Global Elite Thought Leaders". 

WWL has reported the following comments about Peter in recent years:

"At Fasken, Peter Pliszka is revered for his top-notch work defending manufacturers from high-stakes and multi-jurisdictional class actions." One peer adds: "He is very cordial and easy to work with."

"Peter Pliszka is 'absolutely first class'." In the words of one of our interviewees, “the clients love him.”

"Peter Pliszka at Fasken is 'extraordinarily good', according to sources, who describe him as being 'very well regarded and an all-round great lawyer'."

Peter is the co-author of a leading book for practitioners in coroners' investigations and inquests in Ontario, as well as chapters about Canadian product liability and class actions law for international compilation text books. Beyond that, Peter has published numerous articles and is regularly asked to speak at legal conferences throughout Canada and the US.

Achievements

  • Lexpert American Lawyers – Guide to the leading 500 lawyers in Canada
  • The Legal 500 Canada  Recognized nationwide as a Leading Individual in Dispute Resolution
  • Lexpert  Recognized in the Canadian Legal Lexpert Directory as Most Frequently Recommended in Litigation - Product Liability
  • Lexology Index (formerly Who's Who Legal)  Recognized as a Global Elite Thought Leader in Product Liability Defence
  • Chambers Canada  Recognized nationwide as top tier (Band 1) in Litigation: Product Liability
  • Chambers Canada  Recognized nationwide in Dispute Resolution: Class Action (Defence)
  • LMG Life Sciences Awards 2016, 2021 and 2023 Canadian Product Liability Attorney of the Year
  • Best Lawyers in Canada (2021)  Lawyer of the Year (Product Liability)
  • Lexpert  Recognized in the Canadian Legal Lexpert Directory in Class Actions
  • Lexpert® Guide to the Leading US/Canada Cross-Border Litigation Lawyers
  • Who's Who Legal  Recognized  in Life Sciences
  • The Best Lawyers in Canada  Recognized in Aviation Law and Biotechnology and Life Sciences Practice
  • The Best Lawyers in Canada  Recognized in Class Action Litigation and Insurance Law
  • Benchmark Litigation Canada  Recognized as a Litigation Star in Commercial, Insurance, and Product Liability and Recall
  • The Best Lawyers in Canada  Recognized in Product Liability Law
  • Euromoney Group's "The Best of the Best"  list of the top 30 product liability lawyers in the world (listed since 2010)
  • International Who's Who Legal Life Sciences Lawyers
  • Euromoney Group Euromoney Institutional Investors  Legal Media Group's Guide to the World's Leading Product Liability Lawyers

Experience

  • Representing Novartis Pharmaceuticals in a putative national class action relating to the drug Zofran, [Case - Novartis Pharmaceuticals Canada Inc.], Novartis is challenging a putative national class action relating to the drug, Zofran. Overlapping actions have been filed in four provinces: Ontario, Quebec, BC and Alberta. Zofran is an anti-nausea drug intended for cancer patients who are undergoing chemotherapy. The plaintiffs allege that No...
  • Represented Zimmer in class actions respecting “metal-on-metal” (“MoM”) prosthetic hip implants, [Case - Zimmer], Zimmer is the world’s largest supplier of prosthetic hip implants. All of the primary suppliers of “metal-on-metal” (“MoM”) prosthetic hip implants have the subject of litigation for the past 15 years, involving allegations of defects in the design of MoM implants.
  • Representing Allergan in class actions and mass tort individual lawsuits relating to breast implants, [Case - Allergan]
  • Charron v. Club Resorts Limited et al: Van Breda v Club Resorts Limited, [Case - Club Resorts Limited and Assicurizioni Generali]
  • Representing BMW in the Takata airbags class action, [Case - BMW]
  • Representing Fiat Chrysler Automobiles in numerous national class action proceedings, including the diesel fuel emission systems in two models of FCA vehicles, [Case - Fiat Chrysler Automobiles], The plaintiffs alleged that the emission systems in these vehicles are designed in such a way as to perform differently under regulatory testing conditions than in real life operation, with the result that the vehicles met regulatory testing requirements but then emit more diesel emissions when operated in real life. Peter’s team achieved a dismissal of the plaintiff’s motion for certification.
  • Represented Kraft Heinz in putative national class action respecting grated Parmesan cheese, [Case - Kraft Heinz Canada Inc.]
  • Representing Sandoz in a putative class action relating to the hyper-tension drug Valsartan, [Case - Sandoz], The petitioner seeks authorization to institute a class action on behalf of all persons in Quebec who were prescribed and who consumed the drug Valsartan. The claim alleges that the drug had adverse side effects about which the respondents failed to warn. The certification of this matter has not ...
  • Representing Sandoz in a putative class action relating to the heart burn drug Ranitidine, [Case - Sandoz Canada Inc.], Putative class action relating to the heart burn drug Ranitidine

Career & Education

Education

  • LLB University of Manitoba
  • BA, Gold Medal- Economics University of Winnipeg

Memberships & Affiliations

  • Member, Product Litigation Advisory Council
  • Member, International Association of Defense Counsel (Vice-Chair of Diversity, Equity and Inclusion, Drug, Device and Biologics Committee; Member of IADC Diversity, Equity and Inclusion Committee; Member of IADC Retention and Engagement Committee).
  • Fellow, Litigation Counsel of America
  • Member, Defense Research Institute
  • Member, American Bar Association - Litigation Section
  • Member, American Bar Association - Tort, Trial & Insurance Practice Section
  • Member, Canadian Defence Lawyers
  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Member, The Advocates' Society

Knowledge

  • International Comity Prevails: Appellate Ruling in Intersection of Document Production and GDPR Data Protection Compliance, 5/22/2024
  • No Harm, No Foul: ONCA Confirms Mere Risk of Potential Harm is Not Legally Compensable Loss, 4/8/2024
  • Law and Logic: Sandoz Achieves Dismissal of Pharmaceutical Class Action, 5/29/2023
  • New Labelling Requirements for Natural Health Products, 8/16/2022
  • A Claim Too Far: Supreme Court of Canada Refuses to Recognize New Tort Duty for Pure Economic Loss Claims by Supply Chain Parties Against Manufacturers, 12/1/2020
  • Episode 3 | The Knockout Punch of Pre-Certification Motions, Some pre-certification motions are available in Canada that can put an end to, or significantly narrow, a proposed class action. In our third episode, we highlight different approaches across Canadian jurisdictions to such motions — including recent legislative changes and trends in the case law.
  • Episode 1 | The Multijurisdictional Maze, In our first episode, we explain what is needed for defendants to succeed when navigating this “multijurisdictional maze”.
  • Episode 2 - The Rarity of Pre-Certification Discovery, In our second episode, we explain the limits of pre-certification discovery, as well as related procedural differences between different Canadian jurisdictions. In contrast to U.S. practices, pre-certification discovery is rare in Canadian class actions — and procedural differences across Canada further highlight the benefit of a legal team with national expertise.
  • Episode 5 | The Hard-Fought End of Settlement or Trial, The Canadian experience with class action resolution is very similar to the U.S. — most cases settle and very few proceed to trial. In our fifth and final episode, we highlight key decision-points in the resolution of class proceedings, the challenges associated with coordinating settlements on a national scale, and the importance of case assessment in evaluating options available to defendants.
  • Anatomy of a Class Action, Designed to offer an overview of class actions in Canada, this five-part video series provides a short introduction to Canadian class proceedings, focusing on strategic moments in class action procedure and comparisons to the U.S. experience.

Events

News

  • Peter Pliszka comments on opioids-related class actions in Lexpert, 11/21/2024
  • Lexpert® ALM 500 Directory 2022 Names 22 Fasken Lawyers, 1/6/2022
  • Five Fasken Partners Recognized in Who's Who Legal Thought Leaders: Global Elite 2022, 12/30/2021
  • Fasken Wins Four LMG Life Sciences Awards, 9/23/2020
  • Lexpert® ALM 500 Directory 2020 Names 18 Fasken Lawyers, 12/13/2019
  • Fasken Recognized at the LMG Life Sciences Awards, 9/26/2019
  • Lexpert®ALM 500 Directory Names 18 Fasken Lawyers, 12/12/2018
  • Fasken Litigators Profiled in Lexpert’s Special Edition on Litigation in Globe and Mail’s ROB, 11/30/2018
  • Chambers Canada names Fasken “Employment Law Firm of the Year 2018” and Recognizes 93 of Fasken Lawyers in the 2019 Guide, 9/21/2018
  • Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide, 8/21/2018

Publications

  • Product liability in Canada, 7/3/2018
  • Shifting Fortunes: Renewed Hope for Defendants in Certification Motions of Medical Products Class Actions, 9/1/2015
  • Product Liability - Jurisdictional Comparisons (Canada Chapter), 10/28/2014
  • As the Pendulum Swings: Medical Products Class Actions Litigation in Canada – Recent Developments, 9/21/2012
  • A Shield or a Sword? - Canada's New Consumer Product Legislation, 1/31/2012
  • Crystal Ball Gazing - Potential Effects of the CCPSA on Class Action Litigation in Canada, 12/1/2011
  • Canada's New Consumer Product Legislation: A Shield or a Sword?, 1/31/2011
  • A Shield or a Sword? Canada's New Proposed Consumer Product Legislation, 11/29/2010
  • Time is Money: Class Proceedings and Claims for Psychological Injury - Rethinking the Process, 9/29/2010
  • Canada Gets Serious About Consumer-Product Safety, 5/25/2009
Article Shifting Fortunes: Renewed Hope for Defendants in Certification Motions of Medical Products Class Actions NOC (News of Course), Publication of Canadian Association of Professionals in Regulatory Affairs, Number 92, p.10-16
Book Product Liability - Jurisdictional Comparisons (Canada Chapter) Thomson Reuters

Speaking Engagements

  • Mass Torts Without Borders, 5/21/2026
  • Strategies for Defending Cancer Causation Cases, 10/23/2024
  • Culture Clash: Foreign Blocking Statutes and Privacy Laws — Legitimate Legal Protections or Devious Barriers to Litigation?, 7/6/2024
  • Hot Topics – Early Dispositive Motions in Class Actions, 6/18/2024
  • Opioids Litigation—The Mother of All Class Actions—An Update, 6/4/2024
  • No Injury Class Actions in Canada: All’s Quiet on the Northern Front, 4/3/2024
  • Appellate Advocacy—A Multi-Jurisdictional Perspective, 2/22/2020
  • Class Actions & MDLs--A View From Canada, US and the EU, 10/2/2019
  • Food Labelling and Liability: A Recipe for Failure?, 7/7/2019
  • All's Not so Quiet on the Northern Front: An Update on Product Regulation and Recalls in Canada, 9/27/2018
Panelist Mass Torts Without Borders Defense Research Institute - Drug and Medical Device Litigation Conference location location Boston, USA
Panelist Strategies for Defending Cancer Causation Cases Product Litigation Advisory Council – Fall 2024 Conference location location Tucson, AZ
Panelist Culture Clash: Foreign Blocking Statutes and Privacy Laws — Legitimate Legal Protections or Devious Barriers to Litigation? International Association of Defense Counsel – Annual Meeting location location Vancouver, BC