Product Liability

Overview

Many of our lawyers are among those most frequently recommended according to the Canadian Legal Lexpert® directory and the American Lawyer Media Guide to the Leading 500 Lawyers in Canada.

Whatever your sector of activity, our team of highly specialized lawyers is prepared to resolve any legal dispute in which you may be involved. They defend manufacturers, distributors, and sellers against individual or class actions; draft warranties, warnings, and product operating instructions; and implement recall campaigns. Lavery’s expertise in this field is recommended by the 2018 Canadian Legal Lexpert Directory.

Services

Our strong team of lawyers is systematically called upon to represent clients on the following issues:

  • Defence coordination in the context of complex actions instituted in several jurisdictions
  • Defence of manufacturers, distributors and vendors against individual and class action lawsuits
  • Negotiation and drafting of distribution agreements
  • Drafting of various contractual warranty provisions, limitation and exclusionary clauses, and product insurance provisions
  • Interpretation of insurance policy provisions dealing with manufacturers’ and vendors’ liability and insurance coverage opinions
  • Training of risk management professionals
  • Implementation of recall campaigns
  • Advising on Health Canada regulatory issues concerning consumer products
  • Managing compliance and mandatory reporting of incidents for consumer products under the Canada Consumer Product Safety Act
  • Analysis of the effects and regulations on proposed and existing products
  • Drafting of warranties, product operating instructions and warnings

Major clients

In recent years, Lavery has acted for numerous clients in product liability litigation including class actions in the following sectors:

  • Automobiles
    Major automobile manufacturers in class actions suits over allegedly defective automobile parts
  • Heavy machinery equipment
    A major supplier of industrial boilers for the pulp and paper industry regarding alleged design and manufacturing defects
    A major heavy equipment manufacturer in lawsuits relating to allegations of faulty design and defects in manufacturing and workmanship
    Manufacturers and distributors of internationally sold electrical and mechanical parts
  • Construction materials and products
    A producer of raw materials used in the manufacturing of polybutylene piping in a nationwide class action suit
    A manufacturer of pump and filtration systems
  • Pharmaceuticals
    Various pharmaceutical companies and manufacturers of drugs and medical devices
  • Chemicals
    Various chemical products manufacturers and vendors
    A manufacturer of urea formaldehyde foam insulation products
  • Pet feeds
    Producers of animal feeds, farming, and veterinary products
  • Food products
    Food products manufacturers and distributors
  • Environmental
    A major manufacturer of industrial linings for environmental waste sites
  • Insurance
    Insurance companies in a class action suit concerning the use of non-OEM body parts in the repair of insured motor vehicles
  • Consumer products
    A toy distributor and vendor in the implementation of a recall
  • Aerospace
    An international distributor of mechanical, electric and engine components
    A manufacturer of mechanical components used in aircraft manufactured internationally
    A manufacturer of electric aircraft control systems
  • Electronics
    Foreign manufacturers and their Canadian distributors of home appliances and personal electronics




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