Stikeman Elliott
 
SITE SEARCH
Product Liability

Stikeman Elliott's product liability practice consists of skilful and accomplished practitioners who are consistently recognized nationally and internationally, and have earned a reputation as market leaders in Canada for their in-depth knowledge and expertise in the defence of major claims involving highly technical issues.

The product liability practice members represent a Canadian and international client base that includes manufacturers, distributors, wholesalers, retailers, suppliers, end users and their respective insurers. The members bring a wide range of experience to the practice, including defending class action product liability claims, major tort claims, single product claims, designing recalls and drafting product warnings.  This experience allows our practitioners to aggressively defend large complex matters, including particularly claims that may threaten the reputation, or even future prospects, of affected clients.

In addition to litigation, our product liability lawyers counsel clients regarding the preventative measures required to avoid liability claims and provide advice on regulatory compliance, e-commerce and jurisdiction, defective design, advertising and media, insurance issues, and product labelling and warnings.

Through our national network of offices our practice members defend class action lawsuits across Canada for many diverse industry sectors, such as:

  • construction;
  • manufacturing plants;
  • industrial equipment;
  • oil and gas facilities;
  • consumer products;
  • pet food;
  • pharmaceutical;
  • medical devices;
  • food and beverage;
  • aviation; and
  • automotive.

Members of the product liability practice have extensive trial and appellate experience and are regularly retained to act in a wide range of proceedings, from motions and applications to complex trials and appeals at all levels of provincial and federal courts. Members appear regularly before various regulators, boards, tribunals, arbitration panels, commissions of inquiry and the governing bodies of a range of institutions and professional disciplines.

Our Clients

Some of our product liability clients include:

  • CV Technologies;
  • Del Monte Foods;
  • H.J. Heinz Company of Canada Ltd.;
  • Jarden Corporation;
  • Mazda Canada Inc.;
  • Medtronic Inc.;
  • Menu Foods;
  • Purdue Pharma;
  • Ridley Corporation;
  • Sears Canada Inc.;
  • Sony Corporation; and 
  • Wyeth.

Several practitioners frequently speak at various continuing legal education conferences providing their expertise on product liability issues.  Members from our Toronto and Montréal offices are co-authors of the Canadian chapter of the globally distributed publication Getting the Deal Through: Product Liability, published by UK's Law Business Research, which provides comparative international analysis and addresses the most important issues that arise in product liability. A member of our Toronto Group recently authored the newly released book The Law of Product Warnings and Recalls in Canada, published by LexisNexis. This publication is the only one of its kind in Canada focusing on the law concerning product warnings and recalls, and provides advice on best practices and risk management to help companies and their legal advisors meet applicable standards and avoid liability.

Value-Added Client Resources

As part of our effort to remain at the forefront of client service, we have developed a product liability focused blog, CanadianProductLiabilityLaw.com, the first major site of its kind to be launched by any leading national law firm in Canada. The blog is a fully searchable online resource providing insight on various Canadian issues concerning, product liability law, including regulatory compliance, case law, e-commerce, defective design, advertising and media, insurance issues, legislative and regulatory developments, and product labelling and warnings.

Recent Group Activities

New product liability book authored by Toronto litigator - Now available
Douglas Harrison, a member of the Product Liability Group, has written the newly released book The Law of Product Warnings and Recalls in Canada, published by LexisNexis. This is the only book in Canada focusing on the law concerning product warnings and recalls, and also will act as a guide book and prove indispensable to companies and their legal counsel involved in the manufacturing, importing, distributing and selling of products in Canada. The book also covers everything you need to know about best practices and risk management regarding meeting standards and avoiding product liability. Read an excerpt of the book here. (Reprinted with Permission of LexisNexis Canada © 2013). For information on how to purchase the book, click here.

Chapter on Product Liability in Canada available
Doug Harrison, Yves Martineau and Samaneh Hosseini recently co-authored the Canada chapter on Product Liability for Getting The Deal Through 2013, which discusses the most important issues that arise in product liability for corporate counsel, cross-border legal practitioners and executives. Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through -  Product Liability 2013, (contributing editors: Harvey L. Kaplan, Gregory L Fowler and Simon Castley). For further information please visit www.GettingTheDealThrough.com.


 
Related Practices
Contacts
Key Contacts

Montréal:
Yves Martineau
Charles Nadeau

Toronto:
Douglas F. Harrison
Patrick J. O'Kelly

Ottawa:
Nicholas McHaffie

Calgary:
Michael Mestinsek

Vancouver:
David R. Brown
Related Publications
Other Articles / Papers