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ARTICLE · 08 JUNE 2021

Product Liability: Quebec Laws May Apply To You Without You Knowing It

Gowling WLG
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It may come as no surprise that laws in Quebec favour consumers, purchasers and victims in product liability claims. Therefore, manufacturers and professional sellers...

CanadaConsumer Protection
Suzie Lanthier
Suzie Lanthier
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It may come as no surprise that laws in Quebec favour consumers, purchasers and victims in product liability claims. Therefore, manufacturers and professional sellers (such as distributors, wholesalers and retailers) will tend to look to a law outside Quebec to govern their relations. As the title of this article suggests, a manufacturer or professional seller may be held liable, or may even be sued in Quebec, even if a sales contract indicates that it is governed by the laws of a jurisdiction other than Quebec.

Firstly, the Civil Code of Quebec  stipulates that a consumer residing in Quebec will be protected by the laws of Quebec, if said consumer ordered a given product while in Quebec and there was a specific offer or advertisement in Quebec, or if the order was received in Quebec, notwithstanding a different designation in the contract (Article 3117 CCQ).

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