Industry Watch
Smith & Wesson’s Clinton-Era ‘Smart Gun’ Agreement Revived in Canadian Lawsuit
Ontario appeals court allows negligence claim over lack of authorized user technology
📅
✍️By ZRIntel Editorial Team📍Toronto, Ontario
A Canadian class action against Smith & Wesson has been certified in part by the Ontario Court of Appeal, reviving a negligence claim tied to the companys 2000 agreement with the Clinton administration to develop and integrate authorized user (smart gun) technology. The lawsuit stems from the 2018 Danforth Avenue shooting in Toronto, where a stolen Smith & Wesson M&P 40 was used to kill two and wound thirteen. Plaintiffs argue the company recognized the risks of unauthorized use and had patented relevant technology but failed to implement it in production models, despite its commitment under the 2000 settlement with U.S. authorities. Lower courts struck public nuisance and strict liability claims but initially denied certification of the negligence claim due to lack of expert evidence; the appeals court found the 2000 agreement itself provided some minimal evidence to proceed. The case now moves forward, though it remains in early procedural stages. Smith & Wesson may seek to appeal to Canadas Supreme Court.