a hand holding a guitar

Insights

PERSPECTIVE

Product Liability Handbook

This handbook is a must read for any entity producing or selling goods in Canada. It provides an overview of the legal process and includes specific guidance as to how a manufacturer or distributor may be held liable in contract and in tort.

Regardless of how well a product is designed, manufactured or distributed, the threat of litigation is always present. Manufacturers and distributors often find themselves faced with allegations that a product was defectively designed or manufactured, or that warnings with regard to usage were inadequate, and sometimes a combination of these.

This handbook provides an overview of the legal process, and is a must read for any entity producing or selling goods in Canada. It includes specific guidance as to how a manufacturer or distributor may be held liable in contract and in tort and provides guidance on topics such as manufacturing defects, design defects, failure to warn, general negligence and contractual liability. Applicable legislation, general defences against allegations, product recalls and class actions are also discussed.

Download the Product Liability Handbook (PDF)

Top Differences between Canada and U.S. Product Liability Litigation

Generally, (except for Québec) only one corporate representative may be deposed (examined) and that representative must inform him or herself about the issues relevant to the litigation. Where the deponent does not know the answer, an “undertaking” is given to ask the appropriate person and answer in writing.

Related Contacts