Latest news with #ReeseFallon
Vancouver Sun
8 hours ago
- Vancouver Sun
Lawsuit against gunmaker after 2018 Toronto mass shooting certified by court
TORONTO — Survivors of a mass shooting in Toronto's Greektown and their relatives can proceed with a class-action lawsuit against the gun manufacturer Smith & Wesson after Ontario's top court overturned a ruling that had dismissed their motion to certify the claim. Eighteen-year-old Reese Fallon and 10-year-old Julianna Kozis were killed, and 13 others injured, when a gunman went on a shooting rampage on Danforth Avenue in July 2018. The gunman, who used a stolen semi-automatic handgun made by Smith & Wesson, then turned the weapon on himself. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. Some of the survivors and their families brought a class action against the gunmaker for failing to implement technology that would prevent unauthorized use of the gun, but the claim failed at the certification stage. The motions judge found that the plaintiffs' negligence claim didn't meet one of the criteria for certification, which requires them to propose issues that are common to the members of the class. The Court of Appeal for Ontario has found the motions judge set the bar too high by essentially requiring the plaintiffs to prove their case on its merits at the certification stage. 'The plaintiffs were not required to demonstrate that their negligence claim would ultimately be successful, or even that there was a prima facie case,' the court said in a unanimous decision. 'Rather, they had to show some basis in the evidence that the defendant's failure to include the authorized user technology constituted negligence and caused or increased the risk of harm to the members of the class. And that is very different than proving the case on a balance of probabilities at trial.' The plaintiffs welcomed the ruling and said they are seeking justice through safer handguns and corporate accountability. 'Handgun manufacturers like Smith & Wesson have long known their products can be designed to prevent the type of unlawful use that led to the Danforth shooting,' they said in a statement. Smith & Wesson did not immediately respond to a request for comment. The Danforth attack marked one of the worst mass shootings in the city's history, sending shockwaves across the country and spurring advocacy for stronger gun control measures. Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark and sign up for our daily newsletter, Posted, here .
National Post
8 hours ago
- National Post
Lawsuit against gunmaker after 2018 Toronto mass shooting certified by court
TORONTO — Survivors of a mass shooting in Toronto's Greektown and their relatives can proceed with a class-action lawsuit against the gun manufacturer Smith & Wesson after Ontario's top court overturned a ruling that had dismissed their motion to certify the claim. Article content Eighteen-year-old Reese Fallon and 10-year-old Julianna Kozis were killed, and 13 others injured, when a gunman went on a shooting rampage on Danforth Avenue in July 2018. Article content Article content Article content The gunman, who used a stolen semi-automatic handgun made by Smith & Wesson, then turned the weapon on himself. Article content Article content Some of the survivors and their families brought a class action against the gunmaker for failing to implement technology that would prevent unauthorized use of the gun, but the claim failed at the certification stage. Article content The motions judge found that the plaintiffs' negligence claim didn't meet one of the criteria for certification, which requires them to propose issues that are common to the members of the class. Article content The Court of Appeal for Ontario has found the motions judge set the bar too high by essentially requiring the plaintiffs to prove their case on its merits at the certification stage. Article content 'The plaintiffs were not required to demonstrate that their negligence claim would ultimately be successful, or even that there was a prima facie case,' the court said in a unanimous decision. Article content 'Rather, they had to show some basis in the evidence that the defendant's failure to include the authorized user technology constituted negligence and caused or increased the risk of harm to the members of the class. And that is very different than proving the case on a balance of probabilities at trial.' Article content Article content Article content The plaintiffs welcomed the ruling and said they are seeking justice through safer handguns and corporate accountability. Article content Article content 'Handgun manufacturers like Smith & Wesson have long known their products can be designed to prevent the type of unlawful use that led to the Danforth shooting,' they said in a statement. Article content
CTV News
8 hours ago
- CTV News
Appeal court certifies lawsuit against gunmaker after 2018 Toronto mass shooting
People read personal messages on a building under renovation, remembering the victims of a shooting on Sunday evening on Danforth, Ave. in Toronto on Monday, July 23, 2018. THE CANADIAN PRESS/Mark Blinch TORONTO — Survivors of a mass shooting in Toronto's Greektown and their relatives can proceed with a class-action lawsuit against the gun manufacturer Smith & Wesson after Ontario's top court overturned a ruling that had dismissed their motion to certify the claim. Eighteen-year-old Reese Fallon and 10-year-old Julianna Kozis were killed, and 13 others injured, when a gunman went on a shooting rampage on Danforth Avenue in July 2018. The gunman, who used a stolen semi-automatic handgun made by Smith & Wesson, then turned the weapon on himself. Some of the survivors and their families brought a class action against the gunmaker for failing to implement technology that would prevent unauthorized use of the gun, but the claim failed at the certification stage. The motions judge found that the plaintiffs' negligence claim didn't meet one of the criteria for certification, which requires them to propose issues that are common to the members of the class. The Court of Appeal for Ontario has found the motions judge set the bar too high by essentially requiring the plaintiffs to prove their case on its merits at the certification stage. 'The plaintiffs were not required to demonstrate that their negligence claim would ultimately be successful, or even that there was a prima facie case,' the court said in a unanimous decision. 'Rather, they had to show some basis in the evidence that the defendant's failure to include the authorized user technology constituted negligence and caused or increased the risk of harm to the members of the class. And that is very different than proving the case on a balance of probabilities at trial.' The plaintiffs welcomed the ruling and said they are seeking justice through safer handguns and corporate accountability. 'Handgun manufacturers like Smith & Wesson have long known their products can be designed to prevent the type of unlawful use that led to the Danforth shooting,' they said in a statement. Smith & Wesson did not immediately respond to a request for comment. The Danforth attack marked one of the worst mass shootings in the city's history, sending shockwaves across the country and spurring advocacy for stronger gun control measures. This report by The Canadian Press was first published June 23, 2025. Paola Loriggio, The Canadian Press
Global News
8 hours ago
- Global News
Appeal court certifies lawsuit against gunmaker after 2018 Toronto mass shooting
Survivors of a mass shooting in Toronto's Greektown and their relatives can proceed with a class-action lawsuit against the gun manufacturer Smith & Wesson after Ontario's top court overturned a ruling that had dismissed their motion to certify the claim. Eighteen-year-old Reese Fallon and 10-year-old Julianna Kozis were killed, and 13 others injured, when a gunman went on a shooting rampage on Danforth Avenue in July 2018. The gunman, who used a stolen semi-automatic handgun made by Smith & Wesson, then turned the weapon on himself. Some of the survivors and their families brought a class action against the gunmaker for failing to implement technology that would prevent unauthorized use of the gun, but the claim failed at the certification stage. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy The motions judge found that the plaintiffs' negligence claim didn't meet one of the criteria for certification, which requires them to propose issues that are common to the members of the class. Story continues below advertisement The Court of Appeal for Ontario has found the motions judge set the bar too high by essentially requiring the plaintiffs to prove their case on its merits at the certification stage. 'The plaintiffs were not required to demonstrate that their negligence claim would ultimately be successful, or even that there was a prima facie case,' the court said in a unanimous decision. 'Rather, they had to show some basis in the evidence that the defendant's failure to include the authorized user technology constituted negligence and caused or increased the risk of harm to the members of the class. And that is very different than proving the case on a balance of probabilities at trial.' The plaintiffs welcomed the ruling and said they are seeking justice through safer handguns and corporate accountability. 'Handgun manufacturers like Smith & Wesson have long known their products can be designed to prevent the type of unlawful use that led to the Danforth shooting,' they said in a statement. Smith & Wesson did not immediately respond to a request for comment. The Danforth attack marked one of the worst mass shootings in the city's history, sending shockwaves across the country and spurring advocacy for stronger gun control measures.
CBC
9 hours ago
- CBC
Survivors of Toronto's Danforth shooting get green light on lawsuit against gun manufacturer
Social Sharing Survivors of a mass shooting in Toronto's Greektown and their relatives can proceed with a class-action lawsuit against the gun manufacturer Smith & Wesson after Ontario's top court overturned a ruling that had dismissed their motion to certify the claim. Eighteen-year-old Reese Fallon and 10-year-old Julianna Kozis were killed, and 13 others injured, when a gunman went on a shooting rampage on Danforth Avenue in July 2018. The gunman, who used a stolen semi-automatic handgun made by Smith & Wesson, then turned the weapon on himself. Some of the survivors and their families brought a class action against the gunmaker for failing to implement technology that would prevent unauthorized use of the gun, but the claim failed at the certification stage. The motions judge found that the plaintiffs' negligence claim didn't meet one of the criteria for certification, which requires them to propose issues that are common to the members of the class. The Court of Appeal for Ontario has found the motions judge set the bar too high by essentially requiring the plaintiffs to prove their case on its merits at the certification stage. "The plaintiffs were not required to demonstrate that their negligence claim would ultimately be successful, or even that there was a prima facie case," the court said in a unanimous decision. "Rather, they had to show some basis in the evidence that the defendant's failure to include the authorized user technology constituted negligence and caused or increased the risk of harm to the members of the class. And that is very different than proving the case on a balance of probabilities at trial." The plaintiffs welcomed the ruling and said they are seeking justice through safer handguns and corporate accountability. "Handgun manufacturers like Smith & Wesson have long known their products can be designed to prevent the type of unlawful use that led to the Danforth shooting," they said in a statement.
