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Product Defects › Liability › Canada

Bennett Jones LLP

A Product Cannot Damage Itself: Ontario Court of Appeal Sets Aside Certification of Motor Vehicle Engine Class Action

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Damage to a product resulting from a defect within the product constitutes presumptively unrecoverable pure economic loss. That is the conclusion of the Ontario Court of Appeal in North v. Bayerische Motoren Werke AG, 2025...more

Stikeman Elliott LLP

Ontario Court Dismisses Failure to Warn and Negligent Manufacture Claims Against Defendants in Leaky Dishwasher Case

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In Pelton v Maytag, 2024 ONSC 3016 (“Pelton”) the Ontario Superior Court of Justice (the “Court”) ruled that the defendant manufacturers were not liable for failing to warn consumers that the product could fail because of a...more

Bennett Jones LLP

Developments in General Causation Methodologies for Class Certification

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In product liability class actions, general causation (i.e., a product's propensity to cause alleged injuries) is often a threshold issue to establish liability (if general causation cannot be established, no class member's...more

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