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Eureka! Supreme Court stakes discovery of a claim on plausible inference

Eureka! Supreme Court stakes discovery of a claim on plausible inference

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...
Supreme Court torpedoes Mr. Submarine’s recovery of pure economic loss from allegedly negligent supplier

Supreme Court torpedoes Mr. Submarine’s recovery of pure economic loss from allegedly negligent supplier

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...
Missing the Mark: Contractor’s Use of Products in Violation of Code was Evidence of Negligence

Missing the Mark: Contractor’s Use of Products in Violation of Code was Evidence of Negligence

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...
Pure Economic Loss Claim Applies To Patent Defects That Are Not Imminently Dangerous

Pure Economic Loss Claim Applies To Patent Defects That Are Not Imminently Dangerous

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...
A Cautionary Tale: The Party That Imposes Specifications For Methods And Materials Is Responsible For Its Defects

A Cautionary Tale: The Party That Imposes Specifications For Methods And Materials Is Responsible For Its Defects

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...
Manufacturer Fails To Set Aside Jury Decision Imposing Liability For Failure To Warn

Manufacturer Fails To Set Aside Jury Decision Imposing Liability For Failure To Warn

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...
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