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  • Article

    Class Actions Landscape In Canada: 2025 Mid-year Update

    Class actions continue to shape the Canadian legal landscape. As we head toward the end of 2025, we note the following developments emerging from the class actions landscape across Canada so far this year
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    A Motor Vehicle "Incident" Or "Accident"? LAT Rules In Favour Of HSH LLP Client

    A rose by any other name may still smell as sweet, but a motor vehicle incident that is not deemed to be an "accident" according to the Statutory Accident Benefits Schedule (SABS) will not qualify for compensation.
    CanadaConsumer Protection
    Howie, Sacks & Henry LLP
    Howie, Sacks & Henry LLP
  • Article

    A New Regulatory Regime For Consumer Product Safety In Canada

    On January 29, 2009, the Canadian government introduced Bill C-6, the Canada Consumer Product Safety Act (the “Act”). This follows the introduction of Bill C-52 relating to the same Act in April 2008.
    CanadaConsumer Protection
    McMillan LLP
    McMillan LLP
  • Article

    British Columbia Court Of Appeal Considers Certification Of Consumer Protection Claims

    The British Columbia Court of Appeal overturned the certification of a class action against the manufacturers of children’s cough and cold medicines.
    CanadaConsumer Protection
    Gowling WLG
    Gowling WLG
  • Article

    Hydro-Québec c. Bell Canada: Spoliation Of Evidence Results In The Dismissal Of A Claim For The First Time In Québec

    The facts giving rise to this claim stem from a simple utility pole, belonging to Bell Canada, to which transmission lines were attached.
    CanadaConsumer Protection
    Fasken
    Fasken
  • Article

    Letting the Punishment Fit The Crime: Proposed Product Recall Legislation Contemplates Stiff Penalties

    While the proposed Canada Consumer Product Safety Act (Bill C-52) and the corresponding amendments to the Food and Drugs Act do not provide for the extraction of teeth by non-qualified health practitioners, presumably without the benefit of an anaesthetic, Canadian businesses, including their officers, directors, agents and "mandataries", will risk penalties that are potentially equally as painful to their pocketbooks if they fail to comply with the new consumer product safety regime when implem
    CanadaConsumer Protection
    Fasken
    Fasken
  • Article

    No Harm, No Foul, No Certification: The Role Of Effective Recall And Repair In Avoiding Product Liability Class Actions

    The defendant manufacturer recalled the affected vehicles and reprogrammed the emissions control system with the approval of regulators.
    CanadaConsumer Protection
    Cassels
    Cassels
  • Article

    Product Liability: Tipping The Scales Against Industry

    Product liability in Canada is evolving, with increasing government intervention likely in 2025 and beyond. This shift is fueled by new legislation enabling governments to sue for recovery of health
    CanadaConsumer Protection
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Hazardous And Special Products Are Next In Line In Ontario's Transition To A Producer Responsibility Model For Consumer Products

    On June 3, 2021, Ontario enacted the Hazardous and Special Products Regulation (the "HSP Regulation") under the Resource Recovery and Circular Economy Act, 2016 (the "Act")...
    CanadaEnvironment
    McMillan LLP
    McMillan LLP
  • Article

    Cannabis Product Liability Class Actions Come To Canada

    As cannabis legalization moves north of the border, cannabis companies in Canada will inevitably face similar legal issues as they have in the United States, where the decriminalization of cannabis in several jurisdictions ...
    CanadaFood, Drugs, Healthcare, Life Sciences
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Canadian Product Liability Class Actions – Case Highlights

    There have been several significant new developments in product-related class actions in Canada in the past two years.
    CanadaLitigation, Mediation & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Product Liability Class Actions: Ontario Court Rules On The Duties Owed By Manufacturers Of Inherently Dangerous Products

    In Price v. Smith & Wesson, 2021 ONSC 1114 ("Price") victims of the 2018 Danforth Avenue mass shooting in Toronto successfully defended their proposed $150 million negligent design class action ...
    CanadaLitigation, Mediation & Arbitration
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Product Liability Litigation: Year In Review

    In 2022, courts in Ontario rejected plaintiffs' attempts to assert novel claims relating to future risks, and historical claims relating to pure economic loss. At the same time, Québec courts...
    CanadaLitigation, Mediation & Arbitration
    Torys
    Torys
  • Article

    The Dangers of Promising to Get the Insurance Overview

    Active Fire Protection 2002 Ltd. v. B.W.K. Construction Co., the Ontario Court of Appeal recently decided that a contractor cannot enforce the indemnity provision in a subcontract against its subcontractor when the subcontractor’s negligence caused property damage and the contractor breached its own contractual obligations in failing to obtain property insurance when the loss would have been covered had the contractor done so.
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Canadian Courts ‘Rock The Boat’ On Spoliation Law

    In June 2014, our product liability group reported on a number of developments in the law of spoliation pertaining to product liability.
    CanadaConsumer Protection
    Cassels
    Cassels
  • Article

    Ontario (Might Get The) Right To Repair – An Overview Of Bill 187 The Right To Repair Consumer Electronic Products, Household Appliances, Wheelchairs, Motor Vehicles And Farming Heavy Equipment Act, 2024

    The Ontario legislature has taken the first step to pass provincial "right to repair" legislation for consumer products and motor vehicles.
    CanadaConsumer Protection
    McMillan LLP
    McMillan LLP
  • Article

    Pharmacapsules - December 2004

    The latest report from Gowlings relating to business and legal issues affecting the pharmaceutical and life sciences industries.
    CanadaIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    Rethinking Liability Regimes For AI-Related Claims – Should Canada Follow Europe?

    Daniel Dennett's masterwork From Bacteria to Bach and Back: The Evolution of Minds is a fascinating account of the evolution of human minds from bottom-up natural selection to top-down intelligent...
    CanadaTechnology
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Caveat Venditor

    Seller beware. Or, more precisely, seller, manufacturer, distributor, importer, advertiser and tester beware. On April 8, 2008, the federal government introduced Bill C-52, the Canada Consumer Product Safety Act.1 This sweeping new legislation will implement a comprehensive regulatory regime for all consumer products other than those regulated under certain federal statutes (such as food, drugs, motor vehicles).
    CanadaConsumer Protection
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Consumer Rights And Protection Across Canada's Supply Chain Operations

    Consumer protection laws in Canada consist of a combination of federal, provincial, and territorial legal requirements that businesses must follow when contracting with consumers.
    CanadaConsumer Protection
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Showing 321–340 of 464 results

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