Product Liability

Torys has extensive experience litigating and advising clients in product liability disputes, including complex, multijurisdictional product liability class action claims and in individual cases. Our lawyers have acted for manufacturers and distributors in claims involving products from a broad range of industries, including the pharmaceutical industry (over the counter and prescription drugs), the computer industry (hardware and software), the automotive and transportation industry (aircraft, automobiles, recreational vehicles, safety equipment), the construction industry (lead paint, building materials, insulation), the medical and health care industries (blood products) and the financial services industry (life insurance policies).

Our lawyers’ experience includes defending:

    • multi-national pharmaceutical companies defending product liability claims in numerous Canadian jurisdictions including Quebec, in relation to prescription antibiotics, heart medications, chemotherapy agents, birth control, and over-the-counter pain relief, flu and cough medicines
    • a U.S. manufacturer of energy drinks, and its bottler, in a proposed class action concerning product labelling
    • Mattel Canada, Mattel USA and Fisher-Price in multiple proposed product liability class actions across Canada further to the recall of toys allegedly containing lead paint
    • a major U.S. computer chip manufacturer in claims of breach of warranty and negligence in the design and manufacture of computer components
    • a large United Kingdom industrial company and its U.S. subsidiaries in major aspects of the U.S. personal injury and property damage litigation arising out of the manufacture and sale of asbestos products
    • an industrial manufacturing company on claims relating to pool liners, flood bags and roofing membranes, and in connection with product liability disclaimers
    • Panasonic Canada in multiple proposed class proceedings relating to the Canadian market for cathode ray tubes
    • Elf Juvenile in an Ontario proposed product liability class action relating to booster seats
    • a United Kingdom chemical company and its U.S. subsidiary in litigation arising out of the degradation of fire-retardant-treated plywood and related insurance coverage litigation
    • the Canadian Red Cross Society in class actions concerning blood products and alleged transfusion-associated Hepatitis C
    • an automobile manufacturer in defending claims of alleged defects in design and manufacturing
    • a bus manufacturing company defending claims of negligent design and breach of warranty

Numerous members of the Torys litigation team have been recognized for their product liability expertise, including recognition in Law Business Research’s The International Who’s Who of Life Science Lawyers, Lexpert/Thomson Canada’s Canadian Legal Lexpert Directory, Legal Media Group’s Benchmark Canada and Woodward White’s Best Lawyers in Canada. Torys’ litigators also speak and write extensively on product liability issues.

Working with this firm is a seamless process.
Chambers Global