Compass needle pointing to blue text
Compass needle pointing to blue text
Compass needle pointing to blue text

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.

Primary Contacts

View All Contacts

Lindsay Lorimer

Partner, Product Liability & Regulation | Class Actions

Lisa Parliament

Partner, Class Actions | Product Liability & Regulation

Scott Maidment

Partner, Litigation & Dispute Resolution

Deals and Cases

Insights (10 Posts)View More

Featured Insight

Warning For Businesses: Companies Can be Liable for Tort of Bribery Even if They Did Not Intend to Pay or Receive a Bribe

Businesses with a duty to provide impartial advice must take steps to ensure the payments they make or receive are not later interpreted as bribes.

Read More
Apr 12, 2024
Featured Insight

Adapting to Change: Key Insights into Recent Medical Device Regulatory Updates

Evolving medical device regulations: explore Health Canada updates, streamlined Type III recall reporting, and ensure compliance for a proactive approach.

Read More
Jan 3, 2024
Featured Insight

Class Actions May Now Be Easier to Defeat in Ontario

It is now clear: the revised preferability analysis under the amended Class Proceedings Act is a strict, more onerous hurdle for plaintiffs to satisfy.

Read More
Dec 4, 2023
Featured Insight

Beware of Bystanders: Ontario Court Expands the Scope of Negligence Claims

Ontario Court expands scope of negligence claims to include innocent bystanders.

Read More
Nov 20, 2023
Featured Insight

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.

Read More
Oct 25, 2023
Featured Insight

Automotive Webinar Series | Part III: Where Rubber Meets the Road: Automotive Litigation Update

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.

Details
Wednesday, November 29, 2023
Featured Insight

New “Safety Index” for Heavy Vehicles to Be Developed by Quebec

The Quebec Standards Bureau is set to develop and publish by November 2024 a safety index for heavy vehicles to protect vulnerable road users.

Read More
Sep 13, 2023
Featured Insight

AI Regulatory Roundup: What You Missed in AI News While You Were Gone for the Summer

The relentless march of Artificial Intelligence continues, pushing nations worldwide to adopt diverse strategies to keep pace. Recent AI legal developments.

Read More
Aug 30, 2023
Featured Insight

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.

Read More
Aug 1, 2023
Featured Insight

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.

Read More
Jul 26, 2023