- Featured Case: Cirque du Soleil Inc. v. Volvo Group Canada Inc. et al , May 05, 2015
- Implied Conditions in Rental Agreements: Szilvasy and Collett claims against Reliance Home Comfort - Hillel David, C55215, November 30, 2012
- Collett v. Reliance Home Comfort | Szilvasy v. Reliance Home Comfort - Hillel David, ONSC 6928, December 07, 2011
PRODUCT LIABILITY
- Accident Benefits
- Animal Law
- Appeals
- Automobile Fraud
- Bankruptcy and Insolvency Litigation
- Cannabis Law
- Civil Fraud Recovery
- Class Actions
- Commercial & Business Litigation
- Construction and Infrastructure
- Criminal, Regulatory & Administrative Law
- Cyber Risk
- Debt Collection and Recovery
- Defamation & Reputation Management
- Directors & Officers Liability
- Employment Law
- Energy Law
- Environmental Liability
- Estate & Trust
- Family Law
- General Casualty & Special Risks
- Health, Life & Disability Insurance
- Human Rights, Harassment & Abuse
- Insurance Coverage
- Intellectual Property Litigation
- Landlord and Tenant
- Malpractice & Healthcare Litigation
- Marine Law
- Mediation, Arbitration & ADR
- Municipal Liability
- Not For Profit and Charity
- Personal Injury
- Police Services
- Privacy Law & Investigations
- Product Liability
- Professional Liability
- Property Insurance
- Risk Management Services
- Sports, Recreation & Resort Liability
- Subrogation
- Transportation Law
Practice Areas
Avoiding product liability claims doesn't happen by chance. Rather, it is accomplished by a commitment to manufacturing quality products and the implementation of processes and procedures to ensure that quality is maintained.
Still, claims can occur. Minimizing exposure to the potentially devastating impact of claims requires the formulation and execution of timely and effective responses. We can assist.
Our Product Liability Group is comprised of lawyers with collective experience in virtually all classes of products and production processes, as well as personal injury and property damage claims.
Possessing the ability to effectively converse and collaborate with a wide array of engineering, medical, accounting, management, and insurance professionals, our lawyers are uniquely positioned to provide a broad range of services to both the insurance industry and product manufacturers in the following areas:
To help our clients minimize the chance of claims arising, the Product Liability Group provides advice across a spectrum of management initiatives including:
- quality assurance protocols
- document retention procedures
- product sale documentation (warnings and liability limitations)
- loss and claims management protocols
- evidence preservation procedures
2. Defence and Subrogation
We have a reputation for professionally and aggressively defending our clients against claims, and pursuing subrogation. We are able to bring to bear extensive trial and alternative dispute resolution (ADR) experience to protect the reputation of the manufacturer and the product, and to obtain expeditious resolution of the claim. Whether acting on the defence of large class action proceedings, the pursuit of subrogated recovery in highly technical matters, or resolving claims within modest deductibles, lawyers within our Products Liability Group are committed to working closely with our clients to implement cost-efficient, innovative, and proactive solutions.
3. Coverage
When product liability claims arise, prompt and accurate identification of potential coverage issues can have a dramatic impact on exposure assessment and the formulation of appropriate strategies to minimize loss and achieve timely resolution. We routinely provide advice on complex coverage issues, including:
- identification and analysis of exposures, insurance needs, and coverage options
- development and modification of policy wordings prior to issuance of the policy
- identification and analysis of the appropriate a "trigger" of coverage
- identification and analysis of potentially applicable exclusions
- identification and analysis of overlapping or concurrent coverages
- development of reservations of rights and non-waiver agreements
- Nuances Between Judge-Alone and Jury Trials by Van Krkachovski, First presented at a client seminar, August 31, 2022
- Tips for Pursuing a Claim Under the Provisions of the Sale of Goods Act by Marla Kuperhause, First presented at a client seminar, August 31, 2022
- Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 by Alan S. Drimer, February 03, 2022
- Enforceability of Waivers: An Update - Case Study: Arksey v. Sky Zone by Alan S. Drimer, July 08, 2021
- All-Inclusive and Without Costs Rule 49 Offers by Van Krkachovski, June 29, 2021
- Loss of Care, Guidance, and Companionship Damages: A New Benchmark? Case Study: Moore et al., v. 7595611 Canada Corp. by Alan S. Drimer, June 28, 2021
- Litigation Loans and Adverse Cost Insurance by Van Krkachovski, Catherine A. Korte and Michael Kennedy, March 26, 2021
- Silence is not golden when it comes to contracts - Case Study: C.M. Callow Inc. v. Zollinger by Howard Borlack and Adam Ostermeier, January 08, 2021
- Big Changes to Small Claims: How COVID-19 has affected the Small Claims Court by Howard Borlack, January 05, 2021
- Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 by Michael Kennedy, September 28, 2020
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- Ontario Courts updating online infrastructures to accommodate COVID-19 needs for safety by Howard Borlack, August 11, 2020
- Updates around Civil Matters in the Superior Court of Justice in the Central East Region by Howard Borlack and Paul A. Jacoby, August 10, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- From Motorist to Manufacturer: Adjusting to AV Litigation , September 24, 2018
- Legislative Progress Towards Legalization: An Overview of the Recently Published Cannabis Regulations by Howard Borlack, September 19, 2018
- To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. by Howard Borlack, June 29, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Risk Management and Cannabis in Ontario What is going to be legalized and when? , First Presented at an ORIMS Professional Development Day, May 24, 2018
- Waive Goodbye to the Consumer Protection Act for those who are both Occupiers & Suppliers , April 12, 2018
- Face the Music: Once Requested, A Mediation Must be Scheduled Forthwith , March 12, 2018
- Insurer's Duty of Good Faith will not be expanded by Supreme Court Case Comment: Usanovic v. Penncorp , First Published to MB's Client List, January 09, 2018
- Marijuana Legalization: Ontario Weighs In , September 18, 2017
- Legalizing Marijuana: And The Litigation Begins... , March 08, 2017
- Legalizing Marijuana: Product Liability for Producers, Distributors, and Dispensers , First published in the Product Liability Client Newsletter., December 14, 2016
- Self-Driving Cars: Taking the Wheel out of your Hands by Eric W.D. Boate, November 30, 2016
- Legalizing Marijuana: Are Dispensaries and Vapour Lounges the new Tavern? , November 29, 2016
- Pokémon Go: Augmented Reality is the New Reality for Liability Insurers , MB Transportation Newsletter, July 15, 2016
- When all is said and done: Final Releases by Adam Grant, First presented at a Client Seminar, December 16, 2015
- Who's to Blame? Tips for Early Identification of Subrogation and Potentially Liable Parties by Adam Grant, First presented at a Client Seminar, December 16, 2015
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Protection for Settlement Negotiations , First presented at an MB Client Seminar, March 04, 2014
- Szilvasy v Reliance Home Comfort by Hillel David, Presented at an MB Product Liability Seminar, September 24, 2012
- Coverage Issues in the Manufacturing/Distribution Chain , First Present in an MB Products Liability Seminar, September 24, 2012
- Distributors' Liability in Canada for Defective Products , First presented at MB's Product Liability Seminar, September 24, 2012
- Muskoka Fuels v. Hassan Steel Fabricators Limited: Application of the Sale of Goods Act to Manufacturing Defects , First presented at an MB Product Liability seminar, September 24, 2012
- Effective Claims Management: The role of the crisis communication strategy , MB Seminar - Effective Claims Management, November 04, 2011
- Product Liability: Jurisdictional Issues In Canada , The Harmonie Group Conference, Chicago, IL, May 31, 2011
- Product Recall in Canada 2011 , Getting the Deal Through, February 28, 2011
- New Canadian Legislation Alert - CCPSA , MB News Alert, January 04, 2011
- Product Liability in Canada 2010 , December 31, 2009
- Tort Liability of a Manufacturer for Defective Components by Hillel David, Advocates Quarterly Vol 33, July 31, 2007
TORONTO 416.860.0001 OTTAWA 613.569.2855 KITCHENER 519.340.0500 BARRIE 705.481.0240 LONDON 226.781.2127