Randy Sutton

Global Co-Head of Life Sciences and Healthcare; Partner
Norton Rose Fulbright Canada LLP

Toronto
Canada
T:+1 416 216 4046
Vancouver
Canada
T:+1 604 687 6575
Toronto
Canada
T:+1 416 216 4046
Vancouver
Canada
T:+1 604 687 6575
Randy Sutton

Randy Sutton

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Biography

Randy Sutton practises dispute resolution and regulatory law.

Randy's litigation practice includes representing clients in banking, commercial, competition, consumer protection, product liability, product recall, insurance, defamation and franchise matters.  He has extensive experience in class action litigation and has acted in class actions and other litigation matters throughout Canada. He has also appeared as counsel in arbitrations (both domestic and international) and in a variety of administrative proceedings. He is a member of the British Columbia, Saskatchewan and Ontario bars.

On the regulatory side, Randy and his team provide regulatory and compliance advice to businesses involved in the manufacturing, supply and sale of food, over-the-counter drug products, natural health products, drug products, medical devices and other consumer products.  He has advised on a wide variety of regulatory and marketing issues, including regulatory compliance, product labelling, product claims, recalls and product safety issues. 

Randy's experience also extends to regulatory compliance matters and administrative proceedings.  He helps individuals and businesses work within professional regulatory frameworks, and has appeared as counsel in regulatory matters involving nurses, pharmacists, lawyers and real estate agents. In the healthcare sector he has provided advice to individuals dealing with regulators in British Columbia, Saskatchewan and Ontario.  Randy has also represented clients in regulatory investigations, conducted a number of internal investigations for clients concerning regulated conduct, and provides risk management advice.

Mr. Sutton is the co-chair of our national class actions team, global co-head of our life sciences and healthcare industry group, and the partner responsible for professional liability matters in Ontario. 

Professional experience

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J.D., University of British Columbia, 1997

B.Admin., Simon Fraser University, 1994

  • British Columbia 1998
  • Ontario 2005
  • Saskatchewan 2015

The following are examples of the matters Mr. Sutton has been involved in:

  • Representing a pharmaceutical company in proposed class actions and individual litigation matters in Ontario, Alberta, Saskatchewan and British Columbia relating to various of their products, including the successful dismissal of a vaccine liability claim following a four-week trial.  The dismissal was upheld by the Ontario Court of Appeal and leave to the Supreme Court of Canada was denied.
  • Representing a consumer goods company in obtaining a retraction of incorrect media coverage and in the dismissal or related litigation arising
  • Representing various defendants in class actions in Ontario, Saskatchewan and British Columbia alleging violations of the Competition Act
  • Representing a hospitality company in the successful prosecution of a claim alleging bad faith in the termination of a lease. Judgement was granted in the client's favour following a four week commercial list trial.  
  • Representing a pharmaceutical company in its defence of class actions in British Columbia, Saskatchewan and Ontario arising from litigation under the PM(NOC) Regulations
  • Representing a United States company in an international arbitration seated in Canada and related litigation in the Federal Court of Canada
  • Representing a consumer goods company in its defence of a motion seeking to certify a class action alleging misleading advertising
  • Representing a franchisor with respect to a rescission claim by a franchisee and a claim challenging the validity of a non‑competition clause
  • Representing a variety of companies in recall and near recall matters. 
  • Representing a technology company in litigation alleging the improper use of intellectual property
  • Chambers Canada, Nationwide: Litigation – Product Liability, Chambers and Partners, 2018-2024
  • Best Lawyers in Canada: Class Action Litigation 2018-2024; Product Liability Law, 2020-2024
  • Canadian Legal Lexpert Directory,  2020: recommended in Class Actions; 2021, 2023: recommended in Litigation – Product Liability; 2023-2024: recommended in Life Sciences & Health 
  • The Legal 500 Canada: Dispute Resolution – Ontario (Leading Lawyer), 2023 
  • Who's Who Legal, Recommended in Life Sciences Product Liability, 2023
  • Nominated as Product Liability Lawyer of the Year, 2021 and 2023, LMG Life Sciences.
  • Who's Who Legal, Recommended in Life Sciences Regulatory and Contentious Matters, 2022
  • Member of Product Liability Team of the Year, LMG Life Sciences, 2021
  • Who's Who Legal, Recommended as a Global Leader Life Sciences – Product Liability 2021
  • Lexpert Special Edition Health Sciences, 2021 
  • Acritas Stars 2019-2021 – Designated as an "Independently rated lawyer"
  • LMG Expert Guides, recognized for Canada in the areas of Non-IP Litigation and Enforcement and Regulatory, 2020 
  • Client Choice, USA & Canada 2014: Individual Winner for Arbitration, Toronto

  • Two Steps Forward, One Step Back: "Some Basis in Fact" and the Certification of Common Issues: Jacob Medvedev, Randy C Sutton, & Linda Fuerst; The Canadian Class Action Review: Volume 17, Issue 2.

  • The Defence of MultiJurisdictional Securities Class Actions, Annual Review of Civil Litigation, T. Archibald editor, 2022. 

  • Pharmaceutical Advertising Law and Regulation: Canada Chapter, International Comparative Law Guide, 2020.

  • Product Liability, in Life Sciences Law in Canada, 2nd Edition, March 2019 (updated 2022). 

  • Recent Developments in Canadian Pharmaceutical and Medical Device Product Liability Class Actions, DRI - For The Defense, September 2017.

 

  • Recent Developments in Class Action Litigation, Food and Regulatory Law Conference, October 2023.
  • Beyond Some Basis in Fact: The Merits in Class Actions, Northwind Conference, September 2022 (also on steering committee for conference).
  • Dealing with Litigation Experts: webinar, September 2022.
  • D&O Developments - 2021 and Beyond, September 2021.
  • Class Actions Mid-Year Update, June 2021.
  • Developments in Privacy Law Class Actions in Canada, Vancouver, October 2018.
  • Developments in Consumer Protection Law in Canada, Montreal, May 2018.
  • Food Law TeleSummit, Norton Rose Fulbright Canada, Toronto, November 2016.
  • Developments in International Class Actions, Osgoode Hall Class Actions Conference, Toronto, April 2015.
  • Canadian Anti-Spam Legislation, client seminar, Norton Rose Fulbright Canada, Toronto, May 2014.
  • Update on Product Liability Litigation in Canada, client seminar, Norton Rose Fulbright Canada, Toronto, April 2014.
  • Ontario Class Action Liaison Committee (2018-2019) 
  • Canadian Bar Association (1998-present)
  • British Columbia Bar Association (1998-2005) Vancouver Civil Litigation Subsection co-chair (2003-2005)
  • Ontario Bar Association (2005-present)
  • Ontario Bar Association Class Actions Executive Member (2011-2017, 2018-2019)
  • Ontario Bar Association Health Law Section Executive Member (2016-2017)
  • Norton Rose Fulbright Canada United Way Campaign and Charitable Giving Campaign co-chair (2010-2015)
  • The Advocates' Society (2005-present)
  • Defence Research Institute, Class Actions and Multi-Party Litigation, international vice-chair (2016-2017)

 

 

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