Jun 3, 2024 | Commercial Litigation, Product Liability
By: Christiaan A. Jordaan, Partner The Supreme Court of Canada’s May 31, 2024, decision in Earthco Soil Mixtures Inc v Pine Valley Enterprises Inc, 2024 SCC 20, has done away with the requirement for “magic words” or legalistic drafting to contract out of the default...
Aug 23, 2021 | Commercial Litigation, Insurance, Product Liability
By: Christiaan A. Jordaan, Partner During the past twenty years, many provinces have simplified their legislation governing limitation periods. One remaining complexity is that courts have continued to assess when a claim is discovered – which starts the limitation...
Nov 11, 2020 | Product Liability
By: Christiaan A. Jordaan, Partner On November 6, 2020, the Supreme Court of Canada released a 5-4 decision on recovery of negligently-caused pure economic loss that will be significant for defendants faced with product liability claims where no physical harm or...
Jun 3, 2016 | Product Liability
By: Shaun A. Hashim, Litigation Associate Even for those who purchase and install products, compliance with statutory regulation is a must. In Taylor v. Great Gulf (Whitby) Ltd.,[1] a contractor who purchased and installed materials which were improperly labelled...
Sep 4, 2015 | Commercial Litigation, Product Liability
By: Jeffrey A. Brown, Partner The Manitoba Court of Appeal has held that a defendants’ motion for summary judgment should be dismissed, rejecting their argument that claims for pure economic loss for patent defects that are not imminently dangerous should not...
Sep 4, 2015 | Commercial Litigation, Product Liability
By: Jeffrey A. Brown, Partner The Ontario Court of Appeal has held that where a plaintiff has imposed the methods and materials that the defendant must use to complete a project, the defendant is absolved of responsibility if the project proves to be defective, as the...
