Product Liability

Even products that meet rigorous design, manufacturing and marketing standards can be the subject of product liability claims, regulatory scrutiny and reputational risk. The Aird & Berlis Product Liability Group helps clients anticipate challenges, defend complex disputes and navigate evolving regulatory requirements with practical, industry-focused advice.

We advise and defend businesses engaged in the design, manufacture, importation, distribution and sale of products across a broad range of sectors, including energy, mining, agriculture, transport, retail, food and beverage, life sciences and healthcare (including medical devices and pharmaceuticals), construction and engineering, as well as luxury, durable and fast-moving consumer products. We understand the complex legal, regulatory and commercial issues, including intellectual property considerations, that businesses face throughout the product lifecycle.

Our lawyers represent clients in product liability claims, class actions and regulatory proceedings, and advise on product safety, regulatory compliance, product recalls, packaging, labelling and risk management. We have represented clients at every level of court, including the Supreme Court of Canada, as well as before administrative tribunals and regulatory bodies across Canada. From proactive compliance and risk assessment to complex litigation and dispute resolution, we help clients identify and address challenges, respond effectively and protect their business interests. Drawing on the firm’s multidisciplinary capabilities across our Litigation & Dispute Resolution, Class Actions, Intellectual Property and Competition, Antitrust & Foreign Investment Groups, we deliver strategic, business-focused solutions tailored to our clients’ objectives, working closely with in-house counsel and co-ordinating effective cross-border strategies.

Members of our group are recognized for their product liability experience by leading legal publications, including Benchmark Litigation Canada, Lexpert and IP STARS.

Through articles, publications and speaking engagements, we regularly address developments affecting product liability, class actions, misleading advertising, consumer protection and related litigation, helping clients stay informed about emerging risks and trends.

We work closely with clients to develop practical, strategic solutions that help them manage product liability risks while supporting their broader business objectives.

Recent representative matters our lawyers have acted on or are presently engaged in include:

• Represents an agricultural equipment designer and manufacturer with respect to allegations relating to the design and manufacture of agricultural components.
• Represents a designer and manufacturer of overhead electrical conductors in connection with a claim relating to alleged defective design and manufacture.
• Represents a product design and import facilitator in connection with a claim relating to residential decking and other consumer building products.
• Represents a designer and manufacturer of fire protection systems and components in connection with claims relating to defective design and manufacture.
• Represents a designer and manufacturer of luxury home and kitchen appliances in connection with claims relating to defective design and manufacture.
• Represents a retailer of food products in connection with claims relating to the design and manufacture of cooling equipment and food spoliation issues.
• Represents a designer and manufacturer of firearms components in connection with claims relating to design, manufacture and product warning issues.
• Represented a pharmaceutical company in connection with a successful trial decision dismissing allegations pertaining to the negligent design and manufacture of a vaccine product.
• Represented the manufacturer and distributor of a natural health product in connection with the defence of a class action alleging misleading advertising claims pursuant to consumer protection legislation and the Competition Act.
• Represented a pharmaceutical company in connection with a summary judgment motion and before the Ontario Court of Appeal in defence of product liability claims relating to an antidepressant.
• Represented a telecommunications company in connection with numerous arbitrations in the successful defence of and prosecution of misleading advertising claims pursuant to the Competition Act.
• Represented a cannabis company in connection with the discontinuance of a proposed national class proceeding in Alberta alleging mislabelling of the THC content of products sold to consumers.
  
• Represented a cosmetics company in connection with class action claims relating to alleged false advertising and labelling violations.
• Represented a manufacturer of commercial/residential boilers in connection with claims relating to coil design and manufacture issues.
• Acted as Canadian national counsel for a designer and manufacturer of residential water heaters in relation to product liability and product recall matters.
• Represented a manufacturer of personal computers and accessories in connection with a claim relating to alleged defective battery components.
• Represented a manufacturer of food products in connection with claims of unsafe ingredients.
• Represented a Canadian beverage manufacturer in connection with claims relating to alleged defective bottle packaging.
• Represented a Canadian distributor of sports equipment in connection with claims relating to alleged defective manufacture.
• Represented a designer and manufacturer of scuba equipment in a product recall of integrated diving masks.