Our national team regularly provides advice on product liability claims to clients in a wide range of industries. We combine a deep knowledge of multiple sectors along with strong courtroom experience to provide sound advice and creative solutions that help minimize legal costs of litigation and the risk of reputational damage.
Our experienced lawyers are routinely called upon to handle claims in the following situations:
- Defence experience – Our team is recognized for our successful defence of claims. Our exceptional practitioners have mastered the defence of product liability claims, both procedurally and substantively, including those involving class actions and cross-border class actions management. We work with cross-border defence counsel in order to set up strategies that will ensure an overall protection of our clients’ interests.
- Representing the manufacturer as plaintiff - We also act for plaintiffs who themselves are manufacturers or distributors, in regard to the products they purchase for use in their own business. One of the leading Supreme Court of Canada cases on manufacturer’s liability was decided in favour of our client in this context.
- Wide industry coverage – We represent clients coming from a wide range of industries including health and pharmaceutical products, manufacturing, retail, industrial equipment and industrial products, energy and transportation equipment, and consumer products.
- Extensive and proactive advice – We focus on providing timely, proactive and all-encompassing advice. We handle proceedings in connection with the structure of supply contracts, distribution and indemnity agreements, product manuals, warranty terms, insurance coverage, product testing, labelling and regulatory requirements.
- Global reach – As an international legal practice, we can rely on the product liability and recall experience of our colleagues across the world, particularly in the United States, Europe, Australia and South Africa.
Rankings and accolades
- Benchmark Canada (2012-2013): Product Liability
- Best Lawyers in Canada (2012-2013): Product Liability Law
- The International Who’s Who of Product Liability Defence Lawyers (2012)
Select client work
- In the Health Sciences sector: We have defended pharmaceutical companies in class actions and lawsuits relating to vaccines, tainted blood products, blood testing, a smoking cessation drug, diet drugs, anti-depressants, a drug to treat restenosis, a drug to treat osteoporosis, a gastro-kinetic drug, various antibiotics, including a leading broad-spectrum antibiotic, an enzyme inhibitor, a drug to treat Parkinson’s, a drug to control diabetes, statins, a birth-control patch, a birth control pill, an injectable contraceptive, hormone replacement therapy products, and infant cough and cold medications. These matters cover a wide range of medical, pharmacological, toxicological and epidemiological issues. We have defended medical device manufacturers in class actions and lawsuits relating to birthing stirrups, jaw-joint implants, dental appliances, and hip prostheses.
- In the Consumer Products sector: We have defended manufacturers and distributors in class action proceedings and lawsuits relating to baby bottles, infant car seats, high chairs, denture fixative, hair care products, sun screen products, herbal remedies, shaving cream, personal grooming devices, tobacco products, pet foods, toys (lead paint), lawn-care equipment, home theatre equipment, solvents, paints and coatings, paint finishing products, and textiles.
- In the Food sector: We have defended against class action proceedings and actions relating to yogurt, e-coli contamination of fast food, supply of contaminated food ingredients, hepatitis B contamination in restaurant food, and botulism contamination of canned goods.
- In the Home Equipment, Sports and Recreational sector: We have defended against class action proceedings and lawsuits relating to coffee machines, wall ovens, inflatable exercise balls, weight-bearing exercise equipment, video game machines, video lottery machines, recreational ATV vehicles, go-carts and lawn-care equipment.
- In the Agricultural Machinery and Equipment sector: We have defended manufacturers and distributors in lawsuits relating to tractors, cultivators, loaders, combines, and milking machines.
- In the Industrial Machinery and Equipment sector: We have defended against lawsuits relating to petroleum products pipeline tubing and equipment, turbines, a metal powder blender, a pallet machine, a generator control system, a chemical recovery boiler used in the manufacture of pulp and paper, compressor equipment used in a fertilizer plant, stainless steel billets, pulp mill rubber roll covering and automobile parts foundry equipment.
- In the Manufacturing Materials sector: We have acted for manufacturers in bringing claims relating to elastic yarns used in the manufacture of undergarments and resins used in the manufacture of industrial plastic bags and industrial sanders.
- In the Automotive sector: We have defended against lawsuits relating to truck rear axles, motorcycles, tires, windshields, electrical systems, anti-freeze and door-closure systems.
- In the Aviation sector: We have defended lawsuits and claims relating to helicopter design and construction, aircraft engines and aircraft landing gear.
- In the Security sector: We have defended distributors in lawsuits relating to alarm systems, and a manufacturer of police side arms.
- In the Building and Infrastructure sector: We have defended against lawsuits relating to concrete supply, asphalt, roofing systems, asbestos, floor coverings, drywall products, hot water systems, in-floor heating systems, pre-fabricated buildings, boilers, sprinklers, hot water heaters, air curtain units, roof-top HVAC units, ice-melting systems, vertical lift-bridge machinery and fairground entertainment equipment, high-end faucets and adhesive membranes.
- In the Public Utilities, Energy Distribution and Telecommunications sectors: We have defended manufacturers and distributors in lawsuits relating to consumer propane gas, natural gas and other petroleum product pipeline equipment, municipal water pipes, electricity distribution equipment, transformers, windmill generators, a nuclear reactor component, a telecommunications switching device and GPS fleet guidance systems.