A Torys team comprised of Yael Bienenstock, Andrew Bernstein and Hanna Singer is acting as counsel in a pro bono capacity to thalidomide survivors in the case of Lianne Powell et. al. v. Attorney General of Canada.
The tragic history of the drug thalidomide and its global impacts are only too well known. Widely prescribed to pregnant women in the late 1950s and early 1960s to combat morning sickness, thalidomide was later found to be directly linked to severe birth defects and debilitating disabilities in infants—impacts that continue to be felt by survivors to this day. Since then, countless lawsuits have been filed in Canada, the United States and Australia against the manufacturers, administrators, and regulators of the drug on behalf of survivors.
In Lianne Powell et. al. v. Attorney General of Canada, the claim—initially filed in 2021—was partly prompted by a government announcement during the COVID-19 pandemic, promising a "no-fault vaccine injury support program" for Canadians who might experience adverse side effects from a COVID-19 vaccination. By contrast, no such program exists for thalidomide survivors, who continue to face barriers to support despite the government recognizing its moral obligation to the plaintiffs.
In 2023, Torys was retained in a pro bono capacity to advance a legal claim against the federal government for violating the plaintiffs' rights under sections 7 and 15 of the Canadian Charter of Rights and Freedoms. The case was recently a finalist at the 2025 Canadian Law Awards for Pro Bono Initiative of the Year.
Though the origins of the thalidomide tragedy occurred more than 50 years ago, its impacts are still being felt today. Torys is proud to be assisting in this historic and deeply important case which seeks justice for thalidomide survivors.