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  • Article

    Update On Vanessa's Law: The Implementation Of Health Canada's Powers Under The Modernized Food And Drugs Act

    In my earlier article Bill C-17: modernizing the Food and Drugs Act but at what cost?1, I described the potential implications of the Protecting Canadians from Unsafe Drugs Act (also known as Vanessa's Law).
    CanadaFood, Drugs, Healthcare, Life Sciences
    Gowling WLG
    Gowling WLG
  • Article

    British Columbia Court Of Appeal Broadens CGL Coverage For Defective Products

    On April 12, 2011, the British Columbia Court of Appeal released its decision in "Bulldog Bag Ltd. v. AXA Pacific Insurance Co." (2011).
    CanadaInsurance
    Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
  • Article

    "Conflicting" Defence Evidence Not Sufficient To Deny Class Certification

    The Divisional Court's decision in Dine v Biomet will be of particular interest to members of the class action bar in Ontario, as it will have implications for evidence led on certification motions.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Consumer Protection Class Actions: The Rise Of The ESG Claim

    Class action plaintiffs are becoming more creative in their search for credible damages claims in relation to consumer products they believe have been manufactured, designed, or sold in a manner inconsistent...
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    Do You Rely On A St. Jude Defibrillator / Pacemaker? Beware Of Battery Failure

    We've all experienced it at one time or another – a sudden scare that sets your adrenaline flowing and heart racing.
    CanadaLitigation, Mediation & Arbitration
    Howie, Sacks & Henry LLP
    Howie, Sacks & Henry LLP
  • Article

    No Harm, No Foul: ONCA Confirms Mere Risk Of Potential Harm Is Not Legally Compensable Loss

    In a significant decision for pharmaceutical companies, and product manufacturers in general, Sandoz Canada Inc., along with other pharmaceutical company defendants...
    CanadaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    Nova Scotia Court Of Appeal De-Certifies Adverse Health And Unjust Enrichment Claims Against Licensed Cannabis Producer

    The action against Organigram was brought on behalf of a class of purchasers of Organigram's cannabis that was subject to a product recall due to the use of unauthorized pesticides on the plants.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Store Liability: Sale Of Goods Act And The Failure To Warn

    The SGA is legislation that regulates contracts of sale and provides protection to consumers in Ontario.
    CanadaLitigation, Mediation & Arbitration
    McLeish Orlando LLP
    McLeish Orlando LLP
  • Article

    The Coldcard Exploit: Why Victims May Have Two Routes To Recovery

    A five-year-old firmware defect in Coldcard hardware wallets has enabled attackers to systematically drain an estimated $116 million in Bitcoin from over 5,200 victims since July 2026. This unprecedented exploit raises critical questions about manufacturer liability and creates two distinct legal pathways for recovery: blockchain tracing against the perpetrators and potential litigation against Canadian manufacturer Coinkite for product defects that undermined the fundamental security promise of devices mar
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    What Killed The Bunnies? The Importance Of Causation

    A commercial rabbit farmer found out that the implied warranty of merchantability under Ontario's Sale of Goods Act provides no protection where causation is not proven...
    CanadaConsumer Protection
    Theall Group LLP
    Theall Group LLP
  • Article

    Association Alone Does Not Equal Causation In Product Liability Cases

    Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar.
    CanadaLitigation, Mediation & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    The Theory Of Regulatory Negligence Is Further Eroded By Recent Decision

    In a series of recent preliminary motions heard in a class proceeding, the Ontario Superior Court of Justice confirmed that alleging regulatory negligence as a cause of action will be very difficult.
    CanadaLitigation, Mediation & Arbitration
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Canadian Food Inspection Agency Announces Intention To Establish Licensing Regime For The Imported Food Sector

    The Canadian Food Inspection Agency (CFIA) recently announced its intention to establish a regulatory regime that will require certain food importers to obtain import licences.
    CanadaAntitrust/Competition Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Bad Chair Day: Nerland v. Toronto-Dominion Bank

    A stout, upholstered chair may, at first blush, seem innocuous. It's easy to ignore the warnings often recited by parents and teachers to sit property when rocking back and forth on a chair's legs.
    CanadaConsumer Protection
    Theall Group LLP
    Theall Group LLP
  • Article

    Defective Product Versus Failure To Warn

    We live in a society where we expect our public and private institutions and fellow citizens to act in a way that keeps us reasonably safe and secure. Of course, there will always be some risk of injury as we go about our business.
    CanadaConsumer Protection
    Gluckstein Lawyers
    Gluckstein Lawyers
  • Article

    Missing The Mark: Contractor's Use Of Products In Violation Of Code Was Evidence Of Negligence

    Even for those who purchase and install products, compliance with statutory regulation is a must.
    CanadaConsumer Protection
    Theall Group LLP
    Theall Group LLP
  • Article

    Ontario Court Bars Product Liability Suit Under Ultimate Limitation Period

    In what is believed to be a first, the recent decision of the Ontario Superior Court of Justice in Hennebury v Makita Canada Inc, 2025 ONSC 3850 dismissed product liability claims, including allegations of failure to warn...
    CanadaConsumer Protection
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Product Liability Update: Q2 2025

    The Product Liability and Mass Torts Group at McCarthy Tétrault LLP is pleased to bring you our analysis of recent decisions for businesses manufacturing or selling products in Canada...
    CanadaConsumer Protection
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Reminder To Retailers: You Are The Low-Hanging Fruit For Potential Plaintiffs

    The British Columbia Supreme Court found the defendant pharmacy liable to the plaintiff who had suffered a severe burn from a medicated patch she bought to treat muscle pain.
    CanadaConsumer Protection
    Theall Group LLP
    Theall Group LLP
  • Article

    The Metaverse: Litigation Challenges

    The metaverse has been described as the future of the internet. Although its development remains at an early stage, established and emerging companies are spending millions developing metaverse technologies.
    CanadaConsumer Protection
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Showing 221–240 of 464 results

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