Appellate Quarterly 01/17/2023 – Key Takeaways

Key Takeaways from our Appellate Quarterly Webinar

On January 17, 2023, McCarthy Tétrault's National Appellate Litigation Group hosted an Appellate Quarterly webinar, featuring five appeals of importance to the Canadian business community during the last quarter. Partners Brandon Kain, Isabelle Vendette, Katherine Booth, Jamie S.S. Holtom and Christine Wadsworth discussed these recent appellate developments, as well as future developments to watch in their respective jurisdictions.

Here are some of the key takeaways:

1. Unjust Enrichment Claims in Product Liability Cases

The British Columbia Court of Appeal's decision in Nissan Canada Inc. v Mueller,¹ provides important guidance on certifying product liability class actions, including with regards to the availability of claims for unjust enrichment and pure economic loss. The Court refused to certify a claim of unjust enrichment, where the plaintiff also advanced claims based on a contract that provided a