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...
Apr 13, 2015 | Commercial Litigation, Product Liability
By: Jeffrey A. Brown, Partner A recent decision by the Ontario Court of Appeal, illustrates the difficulties faced by companies that try to challenge a jury’s findings. In Stillwell v. World Kitchen Inc.,[1] the plaintiff was injured when a Dutch oven he was...
Apr 2, 2015 | Commercial Litigation, Product Liability
By: Melissa A. Wright, Litigation Associate A commercial rabbit farmer found out that the implied warranty of merchantability under Ontario’s Sale of Goods Act provides no protection where causation is not proven and the contractual documents provided no basis...
Oct 3, 2014 | Commercial Litigation, Product Liability
By: Jeffrey A. Brown, Partner The Ontario Superior Court of Justice rendered a decision[1] involving a product liability claim that considered new legislation and guidelines arising from the Walkerton water crisis. This case suggests that even if there has been no...
