Stikeman Elliott
 
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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 they should take 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 a number of 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:
  • H.J. Heinz Company of Canada Ltd.
  • Jarden Corporation
  • Mazda Canada Inc.
  • Medtronic Inc
  • Menu Foods
  • Ridley Corporation
  • Sears Canada Inc.
  • Sony Corporation

Several practitioners frequently speak at various continuing legal education conferences providing their expertise on product liability issues.  Members from our Toronto and Montreal offices are co-authors of the Canadian chapter on 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.

    Recent Group Activities

    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 2011, 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 2011, (published in August 2011; contributing editors: Harvey L Kaplan and Gregory L Fowler). For further information please visit www.GettingTheDealThrough.com.

    Litigation lawyer published in The Globe
    Douglas Harrison's article, "Canada Consumer Product Safety Act went into effect June 20, 2011 - What retailers need to know," is featured in the September edition of the Illinois State Bar Association's newsletter, The Globe.

    Litigation partner quoted in Lawyers Weekly 
    Doug Harrison discusses the implications of the newly-passed Canada Consumer Product Safety Act in the Lawyers Weekly article, "The new consumer safety law."

    Litigation lawyer's article featured in ISBA newsletter
    Douglas Harrison's article "Canada Consumer Product Safety Act comes into force June 20, 2011 - What retailers need to know" is featured in the August 2011 edition of the Illinois State Bar Association's newsletter, The Corporate Lawyer.

    Class Actions Group launches its blog: CanadianClassActionsLaw.com
    The Class Actions Group is pleased to announce the launch of its Canadian Class Actions Law blog, the latest addition to its blog network. The blog features information and resources on relevant legal developments in class actions law including, certification, settlements, appeals, judicial treatment of common causes of action, judicial treatment of class proceedings legislation, secondary market liability claims and securities class actions, and consumer protection, product liability, competition class actions and more!  Sign-up today for regular updates, via email or RSS, at www.CanadianClassActionsLaw.com or follow us on Twitter @CdnClassAction.


     
    Related Practices
    Contacts
    Key Contacts

    Montréal:
    Yves Martineau
    Charles Nadeau

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

    Ottawa:
    Nicholas McHaffie

    Calgary:
    Luigi A. Cusano
    Michael Mestinsek
    David M. Wood
    Related Publications