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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
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*practising through a professional corporation
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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 eleven 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 Life Sciences Product Liability Lawyer of the Year by LMG Life Sciences in 2016, 2021 and 2023; 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.

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
  • 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

Client Work

  • Representing Novartis Pharmaceuticals in a putative national class action relating to the drug Zofran, [Case - Novartis Pharmaceuticals Canada Inc.], Acting for Novartis in its defense against a putative national class action.
  • Represented Zimmer Biomet in class actions and individual lawsuits respecting “metal-on-metal” (“MoM”) prosthetic hip implants, [Case - Zimmer],   
  • Representing Allergan in class actions and mass tort individual lawsuits relating to breast implants, [Case - Allergan], Acting for Allergan with respect to product liability class actions and individual lawsuits concerning breast implants.
  • Charron v. Club Resorts Limited et al: Van Breda v Club Resorts Limited, [Case - Club Resorts Limited and Assicurizioni Generali], Represented Club Resorts and Assicurizioni Generali in Supreme Court of Canada.
  • Representing BMW in numerous national class action proceedings, [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], Peter’s team achieved a dismissal of the plaintiff’s motion for certification.
  • Representing 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], Peter’s team achieved a dismissal of the certification motion and a dismissal of the entire action.
  • Representing Sandoz in a putative class action relating to the heart burn drug Ranitidine, [Case - Sandoz Canada Inc.], Peter’s team achieved a dismissal of the certification motion and a dismissal of the entire action.

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

Events

News

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
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

  • Strategies for Defending Cancer Causation Cases, 10/23/2024
  • Hot Topics – Early Dispositive Motions in Class Actions, 6/18/2024
  • Opioids Litigation—The Mother of All Class Actions—An Update, 6/4/2024
Panelist Strategies for Defending Cancer Causation Cases Product Litigation Advisory Council—Fall 2024 Conference location location Tucson, AZ
Speaker Hot Topics – Early Dispositive Motions in Class Actions Northwind Professional Institute’s 6th Bi-Annual Class Actions Invitational Forum location location Cambridge, ON
Panelist Opioids Litigation—The Mother of All Class Actions—An Update International Association of Defense Counsel – Canadian Regional Meeting location location Toronto, ON

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