Product Liability

Overview

Osler has extensive experience advising on all aspects of product liability issues including working with product manufacturers to establish preventative measures that keep you out of court. We help design warnings or instructions that are effective in reducing the risk of future liability and craft warranty and liability limitations to protect our clients from claims arising out of or relating to the use of their products. We also advise clients during the design phase of new product development to minimize the potential for future claims and to establish a record of appropriate consideration of the risks. We assist clients with preparing recall plans and managing their reputational risk associated with the products to assist in the defence of any lawsuits that do arise.

In addition to working with our clients to avoid legal action, we have acted for many corporations in defending lawsuits both at the trial and the appeal level in courts throughout Canada, including the Supreme Court of Canada. Our cases include a number of the more significant class action proceedings in Canada. We are also very experienced in the design and use of Alternative Dispute Resolution techniques for the resolution of product liability issues, including arbitration, mediation and neutral evaluation.

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Related Expertise

Craig Lockwood

Partner, Litigation
Toronto

David Morritt

Partner, Litigation
Toronto

Sonia Bjorkquist

Partner, National Chair, Litigation
Toronto

Laura Fric

Partner, Litigation
Toronto
  • Boston Scientific Ltd. and Boston Scientific Corporation

    Boston Scientific Ltd. and Boston Scientific Corporation in fifteen individual matters in three provinces, as well as a certified class action in Ontario and three proposed class actions in other provinces (Saskatchewan, Alberta, Quebec)

  • Westinghouse Canada Inc.

    Westinghouse Canada Inc. in successfully defending a claim for damages brought by New Brunswick Power Corporation based on alleged defects in power transformers.

  • A multi-national pharmaceutical manufacturer

    Defending intended class action lawsuits claiming more than $1 billion in four provinces on alleged deficiencies in warnings associated with an anti-psychotic drug.

  • Imperial Tobacco Canada Limited

    In successfully defending the Ontario Small Claims Court action brought by Joseph Battaglia in the first Ontario trial involving a claim for smoking related damages.

  • Imperial Tobacco Canada Limited

    Defending an action brought by Mirjana Spasic (continued by her estate) for smoking related damages of $1 million based, in part, on the potential tort of spoliation.

  • Imperial Tobacco Canada Limited

    In successfully defeating the plaintiffs’ motion for certification in Caputo et al. v. Imperial Tobacco Limited et al., which was broadly defined to include all residents of Ontario, whether living or deceased, who had ever smoked cigarette products manufactured, marketed, or sold by the defendants.

  • Imperial Tobacco Canada Limited

    Defending an attempt to certify a class of all persons who have suffered injury, or a loss, as a result of fires that occurred after October 1, 1997, where the fire was caused by cigarettes manufactured by Imperial which ignited upholstered furniture or mattresses.

  • A multinational lens manufacturer

    Defending a class action lawsuit claiming approximately $85 million for allegedly defective intraocular foldable lenses.

  • Kryptonite Corporation

    Representing in a class action lawsuit relating to alleged defects in bicycle locks manufactured by client.

  • A multinational dairy manufacturer

    Litigating a claim against a supplier for damages arising from a national recall of dairy products after foreign objects were found in ingredients sourced from the supplier.

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Chambers

  • Chambers Canada: Canada’s Leading Lawyers for Business, 2016-2019, recognized in the area of Litigation: Products Liability.
    • One client said, "Our business needs clear, knowledgeable, experienced and fast legal advice, and that's what we get from Osler."

Lexpert

  • The Canadian Legal Lexpert Directory, 2018, Osler’s Litigation - Product Liability Group Toronto, Ontario, Consistently Recommended.