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Product Liability


Our lawyers work with manufacturers around the world to identify and mitigate business and legal risk in Canada and elsewhere. We make it our business to understand your industry, your business, and the particular commercial, regulatory, insurance and litigation risks you face. We can help you manufacture and sell your products in Canada and around the world safely, predictably and profitably. Through our expertise in crisis management, recalls and regulatory compliance, we can guide you through times of uncertainty. Where litigation arises, our litigators are skilled and experienced in providing robust and strategic defences to manufacturers and their insurers in a broad range of disputes including product liability, mass tort, commercial and class action claims.
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Overview

Enterprise risk management requires a holistic and 360 degree evaluation of your business. What are your business and legal risks? What is the exposure posed? How best can risk and exposure be reduced and managed? What should you do in time of crisis and litigation? How should you defend your product and your reputation against plaintiffs’ claims?  We can answer these questions for you.

 

Our lawyers work with manufacturers around the world to identify and mitigate business and legal risk in Canada and elsewhere.  We make it our business to understand your industry, your business, and the particular commercial, regulatory, insurance and litigation risks you face. We can help you manufacture and sell your products in Canada and around the world safely, predictably and profitably. Through our expertise in crisis management, recalls and regulatory compliance, we can guide you through times of uncertainty. Where litigation arises, our litigators are skilled and experienced in providing robust and strategic defences to manufacturers and their insurers in a broad range of disputes including product liability, mass tort, commercial and class action claims.

 

Our lawyers act for manufacturers and their insurers in all major industries including the automotive, aerospace, chemicals, children’s products, construction, drugs and medical devices, food and agribusiness industries, hand-powered tools, home electronics, recreational products and sports equipment. We regularly act for all levels of the supply chain, including raw material suppliers, components manufacturers, original equipment manufacturers, distributors and sellers. If a product is built or sold in Canada, we understand the commercial, regulatory, insurance and litigation risk environment surrounding it. We provide our clients with market-leading legal advice and guidance at competitive cost because Fasken has a critical mass of product liability and class action lawyers in each major business region of Canada.  We know the applicable laws and regulators governing your sector and your products. We know how the courts in each region of Canada will approach disputes and claims relating to products and manufacturers. Our balanced experience and expertise in both regulation and litigation relating to manufacturers is unrivalled. 

 

Browse some of the recent product liability matters we have been involved with or contact any of our lawyers to learn more.

Achievements

Team

Primary Contacts
  • Peter J. Pliszka, Partner | CHAIR, LIFE SCIENCES LITIGATION | CHAIR, PRODUCT LIABILITY & INSURANCE GROUP, Toronto, ON, +1 416 868 3336, ppliszka@fasken.com
  • Eric Simard, Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION, Montréal, QC, +1 514 397 5147, esimard@fasken.com
  • Alex Kotkas, Partner, Calgary, AB, +1 403 261 5358, akotkas@fasken.com
  • Zohaib I. Maladwala, Partner, Toronto, ON, +1 416 868 3453, zmaladwala@fasken.com
  • Michael van Vuren, Counsel, Johannesburg, +27 11 586 6040, mvanvuren@fasken.com
  • Noah Boudreau, Partner, Montréal, QC, +1 514 394 4521, nboudreau@fasken.com
  • Sébastien Richemont, Partner, Montréal, QC, +1 514 397 5121, srichemont@fasken.com
  • Michael Parrish, Partner, Vancouver, BC, +1 604 631 4863, mparrish@fasken.com
  • Tania Siciliano, Partner, Johannesburg, +27 11 586 6028, tsiciliano@fasken.com

Client Work

  • Cook companies resolve class action concerning inferior vena cava filter products, [Case - The Defendants, Cook (Canada) Inc., Cook Incorporated, and William Cook Europe APS (collectively, “Cook”)], Canadian medical device company resolves product liability class action lawsuit.
  • Represented BMW in first appellate case in Canada about European data protection requirements and Ontario discovery obligations, [Case - BMW AG and BMW Canada Inc.], Represented a German multinational car manufacturer in foreign data protection requirements and Ontario discovery obligations case.
  • Settlement of a $1.7 million claim for hidden defects in garage doors, [Case - ADF Group]
  • Dumas v. Nissan Canada Inc., [Case - Nissan Canada Inc.], Nissan Canada wins fight over new vehicle warranty.
  • Claim for alleged defects against a bearing manufacturer, [Case - Confidential Client], The Plaintiff claims close to one million Canadian dollars for losses related to alleged product defects.
  • Representing Allergan in class actions and mass tort individual lawsuits relating to breast implants, [Case - Allergan]
  • Representing Sandoz in a putative class action relating to the heart burn drug Ranitidine, [Case - Sandoz Canada Inc.]
  • Representing Sandoz in a putative class action relating to the hyper-tension drug Valsartan, [Case - Sandoz]
  • Sandoz Canada Inc. defeats appeal in prospective product liability class action, [Case - Sandoz Canada Inc.], Represented Sandoz Canada Inc in a pharmaceutical product liability class action.

Knowledge

  • What You Need to Know About the Scope of Statutory Warranties of Quality and a Seller’s Duty to Inform in Quebec, 12/2/2024
  • Waivers in the Online Wilderness: Court Decision Highlights the Risks of a Digital Waiver of Liability, 8/6/2024
  • Complexities of product liability issues in order to navigate consumer complaints and recalls effectively, 5/27/2024

Events

News

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