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.
Deals and Cases
Insights (10 Posts)View More
Ontario Court expands scope of negligence claims to include innocent bystanders.
Psychological Upset or Injury? The Ontario Court of Appeal Considers the Standard for Mental Injury Claims in Bothwell v. London Health Sciences Centre
This bulletin discusses the recent decision in Bothwell v. London Health Sciences Centre regarding the absence of relevant evidence in a mental injury claim.
At this session, our panel of experts will provide a panoramic view of the evolution of automotive class actions across Canada, a review of best practices for managing disputes with distributors and franchisees, and
insights into litigation and disclosure obligations arising from automotive industry labour issues.
The Quebec Standards Bureau is set to develop and publish by November 2024 a safety index for heavy vehicles to protect vulnerable road users.
The relentless march of Artificial Intelligence continues, pushing nations worldwide to adopt diverse strategies to keep pace. Recent AI legal developments.
New Home Builders Beware: Tarion Implements New Temporary Relocation Warranty Program up to $15K per Home
Tarion’s new Temporary Relocation Warranty Program requires builders to compensate new homeowners displaced due to warranted defects.
Plan for the Ban: UNEP Issues Report Offering Insight and Guidance for World’s First Global Plastics Pollution Treaty
The United Nations Environment Programme (UNEP) has released a report entitled Turning off the Tap, How the world can end plastic pollution.
Automated hiring and recruitment tools (AI) risk liability under privacy, human rights, or transparency laws, including Quebec's Act 25, the CPPA and AIDA.
Canada Recognizes the Right to a Healthy Environment (and Other Amendments to the Canadian Environmental Protection Act, 1999)
Summary of amendments to Canada Environmental Protection Act introduced by Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act.
Québec Bill 29 – A Potential Right to Repair and Planned Obsolescence Ban that Would Affect Appliances and Electronics
Québec looks to adopt a right to repair and planned obsolescence Bill with particular impacts on electronics and appliances.
Get updates delivered right to your inbox. You can unsubscribe at any time.