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Important Victory for Canadian Mass Shooting Victims Against Gun Manufacturer

Brady Helped Obtain Ontario Ruling That Could Lead To Safer Guns In U.S.

Washington, D.C., February 23, 2021 – Brady hails the Superior Court of Ontario’s decision to allow a claim of negligence against Smith & Wesson for failing to include smart gun technology on a handgun used in a 2018 Toronto mass shooting to move forward. The class action, brought by a team of lawyers led by Malcolm Ruby of Gowling WLG, and assisted by Brady Legal, seeks $150 million on behalf of the victims of the Danforth Shooting, where a single shooter killed two people and injured 13 others when he opened fire on Danforth Avenue in Toronto on July 22, 2018.

The decision paves the way for the case to move forward and hold Smith & Wesson accountable for its business practices. Some courts in the U.S. have dismissed similar lawsuits due to the U.S.’ special protections for the gun industry.

Brady Chief Counsel and Vice President of Legal Jonathan Lowy stated:

“This decision recognizes that no one is above the law -- including gun manufacturers -- and everyone has a responsibility to act reasonably not to cause injury to others. We hope that this case will help lead gun companies to become part of the solution to gun violence, including installation of safeguards to prevent guns from being fired by unauthorized users. These common-sense reforms will save lives on both sides of the border, making this decision significant not only for the plaintiffs and Canadians, but for the people of the United States.”

About the Case:

The suit alleges that Smith & Wesson was negligent in designing and manufacturing the firearm used in the shooting, a 40 series, .40-calibre semi-automatic Military and Police (M&P) pistol. Smith & Wesson failed to manufacture the weapon with “smart gun technology” that would have prevented an unauthorized user from activating the firearm. As a result, the shooter in question was able to fire dozens of rounds from a stolen firearm to injure and kill bystanders.

About the 2018 Danforth Shooting:

On July 22, 2018, a gunman opened fire on crowded Danforth Avenue in Toronto. The gunman killed two individuals and injured 13 others, before ending his own life after a confrontation with Toronto Police. The shooter used a .40-calibre semi-automatic Military and Police (M&P) pistol manufactured by Smith & Wesson. Subsequent investigation revealed that the weapon was stolen in 2015.

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Brady has one powerful mission — to unite all Americans against gun violence. We work across Congress, the courts, and our communities with over 90 grassroots chapters, bringing together young and old, red and blue, and every shade of color to find common ground in common sense. In the spirit of our namesakes Jim and Sarah Brady, we have fought for over 45 years to take action, not sides, and we will not stop until this epidemic ends. It’s in our hands.


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