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Product liability defence white paper: Does pre-emption exist in Canada?

Author(s): Craig Lockwood, Sonia Bjorkquist, Maura Kathleen Monaghan, Jacob W. Stahl, Christel Y. Tham

Jan 13, 2016

Important information for building a product liability defence on both sides of the border

U.S. manufacturers selling regulated products in Canada may be surprised to learn that compliance with the FDA and associated regulatory frameworks has not historically served as a defence to product liability claims. North of the border, Canada’s regulatory regime looks and acts differently. And, conflicting regulations at different levels of government can add further complexity. To avoid expensive, and potentially disastrous, mistakes, your approach to product liability must be agile and adaptive.

When you’re navigating a regulatory compliance regime in a different country or jurisdiction, knowledge is the best defence. Prepared in collaboration with U.S. law firm, Debevoise & Plimpton LLP, our white paper takes an authoritative look at the product liability situation on both sides of the border, dispelling common misconceptions and guiding readers to the most recent and relevant jurisprudence. With concise insights and expert opinion, Product Liability Defence North and South of the Border: Is there such thing as Canadian pre-emption? is a must-read for in-house counsel and C-level leaders wanting to equip themselves with the essential facts and red flags.

Key topics include the following:

  • the doctrines of paramountcy and interjurisdictional immunity
  • the relationship between the common-law duty of care and regulatory compliance
  • the difference between federal and provincial/state regimes
  • the regulatory backdrops and recent policy or legislative shifts

DOWNLOAD PDF: Product Liability Defence North and South of the Border