The Product Liability and Mass Torts Group at McCarthy Tétrault LLP is pleased to bring you our analysis of recent decisions for businesses manufacturing or selling products in Canada.

The recent decision by the Ontario Superior Court of Justice in Price v. Smith & Wesson Corp. has addressed the test for design negligence in cases involving “inherently dangerous” products like firearms, in the context of a certification motion.

In another recent decision, Harris v. Bayerische Motoren Werke Aktiengesellschaft et al., the Ontario Divisional Court considered whether to take a litigant’s compliance with applicable foreign laws into account when making an order.

In I.F. v. Gilead Sciences, Inc. the Supreme Court of British Columbia provided a useful review of British Columbia’s law of negligent design.

In Entreprises Lefebvre Industri-Al inc. c. Shred-Tech Corporation, the Superior Court of Quebec declined to give up jurisdiction over a product liability dispute to an Ontario court on grounds of forum non conveniens, even though the dispute arose out of a contract that was governed by the laws of Ontario.

Lastly, in Jaafar c. Janssen, the Superior Court of Quebec provided a helpful reminder on the application of the learned intermediary doctrine in Quebec.

For the key takeaways from these notable cases, download our PDF below.