


Product Liability & Regulation
PRODUCT LIABILITY & REGULATION
Global manufacturers, importers, distributors and retailers are obligated to do all they can to ensure the safety of their products. However, no matter the due diligence, circumstances can arise in which a product causes injury or personal loss, spurring legal action by the consumer. McMillan’s product liability lawyers have garnered international recognition for their expertise in defending product liability suits and class actions. Our unparalleled strength and depth in this area has also been recognized by the world’s leading manufacturers and distributors, who regularly retain us to defend their products and their brands.
McMillan’s product liability team works collaboratively with our industry specialists and lawyers in our class action practice. As a firm, we are committed to delivering creative solutions that help clients successfully defend against — or ideally, avoid — costly and potentially damaging liability cases.
Our product liability lawyers help clients by advising on industry-specific or general compliance and regulatory issues; assisting with product recalls and crisis management; defending against libel, slander and improper claims; helping assess potential financial and enterprise risks; and prosecuting counterclaims for product tampering or extortion.
PRODUCT SAFETY REGULATORY
Product safety regulation is on the rise as is the routine sharing of information among regulators. Governments have imposed responsibilities on every link in the distribution chain to ensure the safety of products intended for consumers. Any misstep can significantly harm relationships with regulators and expose companies to increasingly stringent penalties, recalls and serious brand damage. That makes it critical to know both the requirements and the agencies that enforce them. McMillan lawyers work with companies that manufacture, distribute or sell consumer products, from packaged food to children’s toys to household appliances. We know the laws and regulations that govern consumer product safety across Canada and are well-versed in dealing with relevant regulatory agencies.
Our product liability lawyers assist clients with regulatory compliance for consumer products, including drugs, medical devices, food, appliances, toys, clothing, recreational products, electrical products, motor vehicles, tires and child restraints.
McMillan helps clients by ensuring compliance with the requirements of among others, the Canada Consumer Product Safety Act, the Motor Vehicle Safety Act, the Food and Drugs Act, the Consumer Packaging and Labelling Act, and Ontario’s Electricity Act; counselling on record keeping and incident reporting requirements; developing internal compliance protocols and programs; developing product warnings and labels that comply with safety laws; providing counsel when incidents and investigations arise; and managing product recalls, often as part of a global team.
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Insights (28 Posts)
AI Regulatory Roundup – International Developments in AI Law and Policy
An overview of recent Canadian and international developments related to the regulation of artificial intelligence technologies.
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May 2, 2023
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Too Little, Too Late: Judicial Time Constraints to Amendment of Pleadings
Two recent cases from the Ontario Superior Court demonstrate judicial intolerance for parties amending pleadings years after an action has commenced.
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Apr 18, 2023
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Settlement Counsel – valuable addition to the dispute-resolution toolkit
Settlement Counsel is litigation counsel engaged for the sole purpose of resolving a dispute or settling a case.
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Mar 28, 2023
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Fanning the Flames of Liability: The Ontario Court of Appeal Considers Product Liability Issues in Burr v. Tecumseh Products of Canada Limited
The decision of the Court of Appeal in Burr v. Tecumseh Products of Canada Limited, 2023 ONCA 135 provides a helpful overview of product liability law.
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Mar 20, 2023
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Can they really do that? Understanding the limits of governmental permitting and compliance powers
While every company strives to achieve constructive relations with regulators, sometimes this is not enough. In such cases, understanding the rules that apply to regulators and the limits of their powers can be essential to levelling the playing field.
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Wednesday, November 9, 2022
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Mind the (ebike) Gap: How to Proceed with Product Recalls When There is a Regulatory Gap
While consumer interest in electric bicycles is increasing, regulatory interest in electric bicycles, or ebikes, is waning.
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Sep 22, 2022
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Canada Catching Up on Regulation of PFAS Substances
An update on Canada's regulation of PFAS substances, in comparison to US and European regulation
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Jul 20, 2022
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Certified Today, Dismissed Tomorrow: Ontario Court Dismisses Automotive Class Action after Successful Certification
An Ontario court has dismissed a proposed class action against an automobile manufacturer on the merits for alleged false claims after certification.
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Jun 29, 2022
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No Discovery Before Leave in Secondary Market Securities Actions
The Court in Kwong v. iAnthus denied a plaintiff's request for documentary discovery before he obtained leave to bring a secondary market securities action.
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Apr 18, 2022
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Clarity over Breadth: The Court of Appeal Refuses to Limit Liability under Sale of Goods Act
In Pine Valley Enterprises, the Ontario Court of Appeal confirms that exclusion clauses are not effective unless they use "explicit, clear and direct" language.
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Apr 14, 2022
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Ontario’s Court of Appeal Clarifies Class Member’s Appeal Rights Post Settlement Approval
The Ontario Court of Appeal has ruled that it has jurisdiction to hear a class action appeal despite a settlement agreement limiting appeal rights.
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Mar 1, 2022
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Due Means Due: Ontario Court Considers Effect of Pandemic Measures on New Class Action Mandatory Dismissal Deadline
Ontario court upholds automatic dismissal for delay despite temporary suspension of limitations periods and court closures brought on by the COVID-19 pandemic.
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Feb 2, 2022
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Natural Health Products: Product Licensing Requirements in Canada
The Federal Court of Appeal decision of C-RNA provides further guidance on the level of information required of applicants seeking NHP licenses in Canada.
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Dec 6, 2021
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The Ontario Court of Appeal Expands the Range of Damages under the Family Law Act for Loss of Care, Guidance, and Companionship
The Ontario Court of Appeal has recently upheld a non-pecuniary damage award from a jury exceeding its previous guidance.
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Jul 27, 2021
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Stopping a Slippery Slope: Ontario Divisional Court Clarifies that Auto Insurance Coverage Applies Only to Direct Causes of Injuries
Ontario Divisional Court clarifies that automobile insurance only applies to direct causes of injury under the Statutory Accidents Benefits Schedule.
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May 12, 2021
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What Are You Suing Me For? I Had No Control: Lessor Fleet Liability
The decision in Barz concerns the interplay between Alberta’s Workers’ Compensation Act and Traffic Safety Act.
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May 12, 2021
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No Compensable Loss? No Class Action – Maginnis v FCA Canada
This bulletin discusses the decision in Maginnis v FCA Canada, where the court refused to certify an automotive class action for a lack of compensable loss.
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Nov 5, 2020
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Construction through COVID-19 in Canada: A Guideline for what each Province and Territory is Doing
How each Province is managing the impact of COVID-19 by restricting construction activities, suspending litigation time periods and recommending H&S practices
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Jun 11, 2020
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Federal Aid Package for Energy Sector and Alberta’s Plan to Spend It
The Federal Government released details of the long-awaited aid package to help the oil and gas industry. This article will overview those relief measures.
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Apr 29, 2020
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Project Management Amid COVID-19 – The Triage
Best practices for construction project management during the COVID-19 pandemic, and other force majeure circumstances.
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Apr 8, 2020
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Pivoting Production to Address COVID-19 Shortages – What Manufacturers and Distributors Need to Know
Summary of Health Canada pathways for accelerated approvals, business and liability considerations for manufacturers
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Apr 7, 2020
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The Impact of COVID-19 on the Construction Industry: A Reference Guide to the Changed Landscape
Contractual clauses, Permits & Inspections, Health & Safety, Labour, Litigation, Arbitration & Court Procedures,
Limitation Periods, Liens & Holdbacks
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Apr 3, 2020
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What Are “Moral Damages” Worth? Quebec Court of Appeal Limits when Consumers’ Frustration Constitutes a Recoverable Harm
The Quebec Court of Appeal's decision in Meubles Léon v. Options Consommateurs sheds light on when a "moral damage" is recoverable.
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Mar 2, 2020
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Is Your Refrigerator Limitation Period Running? Maybe Not Where One Party Promises to Fix the Problem
Limitation periods will not run where a party assures another it will fix the problem between them, and that party reasonably relies on that assurance.
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Jan 7, 2020
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Stay Tuned: Ontario Proposes Sweeping Changes to Class Proceedings Act
The Ontario Government is proposing significant changes to the Class Proceedings Act that will address problems faced by parties over the last 30 years.
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Dec 16, 2019
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The Next Phase of Canadian Cannabis: What to Expect in 2019 and Beyond
On June 14, 2019, Health Canada unveiled its Final Regulations for New Cannabis Products
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Jun 21, 2019
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DRI Product Liability Conference
McMillan is a proud sponsor of Product Liability Conference presented by DRI taking place February 7 – 9, 2018. McMillan’s Lindsay Lorimer will chair the “Children’s products" session and Lisa Parliament to Chair a session on Food Law.
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February 7, 2018 - February 9, 2018
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Ontario Divisional Court Affirms Use of Contractual Limitation Period in Guarding Against Third Party Claims
Ontario Divisional Court Affirms Use of Contractual Limitation Period in Guarding Against Third Party Claims
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Oct 30, 2017
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