Product Liability

Legal action against your product can have financial ramifications, but it can also strike at the heart of the product’s reputation—and yours. Whether it be risk mitigation or dispute resolution, a successful outcome depends on having collaborative, vigilant advocates who understand the intricacies of your product and the law.
As Canada’s preeminent litigation practice, our dedicated team of professionals has extensive experience defending product claims and disputes under the common and civil law systems. Our team includes lawyers who are educated and experienced in engineering disciplines, offering invaluable insight into complex technical issues.
From consumer product litigation to obligations under the Canada Consumer Product Safety Act, government regulations to representation at a coroner’s inquest or commission of inquiry, we can help you maintain a positive brand image for your products and your company.

We provide practical, strategic advice to assist with:

  • dispute resolution
  • personal injury
  • economic losses
  • crisis management
  • regulatory issues
  • warnings and warranties
  • exclusion of liability
  • product approvals
  • packaging and labelling
  • business interruption and delays
  • vetting product user manuals

Experience

  • Client in damages claim of over $100 million related to alleged failures of a passive fire protection coating that was supplied and applied to steel beams in Korea, which were then supplied by another entity to an Alberta oil sands project. Claim included repair costs, delay damages, future costs and loss of value to the project.
  • Motorcycle manufacturers in multiple actions in jurisdictions across Canada against allegations of defective manufacture, design and failure to warn.
  • Allegation that client manufactured a defective globe valve which seized and caused a plant upset that resulted in the delivery of off-specification gas to the Alliance Pipeline. This is a multi-party action, involving numerous technical issues. This action is significant because of the number of technical issues requiring expert testimony, the overlap of potential liabilities of the parties and the complex factual circumstances, which will impact the determination of causation.
  • Client in a complex engineering claim regarding the design and fabrication of a safety valve used in a highly hazardous decoking operation in the Canadian oil sands. Our client performed preliminary engineering. The claim has a business interruption component of about $800 million.
  • Manufacturers of recreational products including snowmobiles, ATVs, side by sides and personal watercraft, in claims alleging defective manufacture, design and failure to warn. Also includes class actions involving allegations of defect and diminution of value.
  • Leading pharma company in various class actions in different Canadian jurisdictions.
  • Plaintiffs in an action related to the design, manufacture and supply of DC Electric motors. The matter involved a significant damages claim and novel legal issues related to recovery of damages for pure economic loss.
  • Manufacturer of children’s products in jurisdictions across Canada, defending against allegations of negligent manufacture, design and failure to warn.
  • Manufacturer of bicycles in jurisdictions across Canada in defending allegations of negligent manufacture, design and failure to warn.
  • Original Equipment Manufacturers (OEMs) across Canada in personal injury actions and property damage claims alleging defective manufacture/design and failure to warn.
  • OEMs and others in the automotive industry in class actions related to alleged product defects and vehicle emissions.

Key Contacts

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