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Product Liability


Our lawyers work with manufacturers around the world to identify and mitigate business and legal risk in Canada and elsewhere. We make it our business to understand your industry, your business, and the particular commercial, regulatory, insurance and litigation risks you face. We can help you manufacture and sell your products in Canada and around the world safely, predictably and profitably. Through our expertise in crisis management, recalls and regulatory compliance, we can guide you through times of uncertainty. Where litigation arises, our litigators are skilled and experienced in providing robust and strategic defences to manufacturers and their insurers in a broad range of disputes including product liability, mass tort, commercial and class action claims.
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Overview

Enterprise risk management requires a holistic and 360 degree evaluation of your business. What are your business and legal risks? What is the exposure posed? How best can risk and exposure be reduced and managed? What should you do in time of crisis and litigation? How should you defend your product and your reputation against plaintiffs’ claims? We can answer these questions for you.

Our lawyers work with manufacturers around the world to identify and mitigate business and legal risk in Canada and elsewhere. We make it our business to understand your industry, your business, and the particular commercial, regulatory, insurance and litigation risks you face. We can help you manufacture and sell your products in Canada and around the world safely, predictably and profitably. Through our expertise in crisis management, recalls and regulatory compliance, we can guide you through times of uncertainty. Where litigation arises, our litigators are skilled and experienced in providing robust and strategic defences to manufacturers and their insurers in a broad range of disputes including product liability, mass tort, commercial and class action claims.

Our lawyers act for manufacturers and their insurers in all major industries including the automotive, aerospace, chemicals, children’s products, construction, drugs and medical devices, food and agribusiness industries, hand-powered tools, home electronics, recreational products and sports equipment. We regularly act for all levels of the supply chain, including raw material suppliers, components manufacturers, original equipment manufacturers, distributors and sellers. If a product is built or sold in Canada, we understand the commercial, regulatory, insurance and litigation risk environment surrounding it. We provide our clients with market-leading legal advice and guidance at competitive cost because Fasken has a critical mass of product liability and class action lawyers in each major business region of Canada. We know the applicable laws and regulators governing your sector and your products. We know how the courts in each region of Canada will approach disputes and claims relating to products and manufacturers. Our balanced experience and expertise in both regulation and litigation relating to manufacturers is unrivalled.

Browse some of the recent product liability matters we have been involved with or contact any of our lawyers to learn more.

Achievements

  • Recognized in Product Liability Law , The Best Lawyers in Canada 2020 to 2026
  • Recognized in South Africa in Litigation, Best Lawyers 2021 to 2026
  • Ranked nationwide in Litigation: Product Liability, Chambers Canada 2016 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Litigation - Product Liability, Lexpert 2020 to 2025
  • Winner of Benchmark Canada Award - Product Liability Firm of the Year, Benchmark Canada 2017 to 2024
  • Recommended in Product Liability Defence, Lexology Index 2018 to 2024
  • Recognized in Litigation - Product Liability, Lexpert 500 Cross Border Directory (formerly ALM 500) 2020 to 2024
  • Winner of Benchmark's Impact Case Award for Product Liability - Dickson v. Vuntut Gwitchin First Nation, Benchmark Litigation 2023
  • Winner of Canadian Product Liability Firm of the Year, LMG Life Sciences Awards 2019 to 2021
  • The Most Highly Regarded Individuals in the World, Who's Who Legal Canada 2015

Team

Primary Contacts
  • Peter J. Pliszka, Partner | CHAIR, LIFE SCIENCES LITIGATION | CHAIR, PRODUCT LIABILITY & INSURANCE GROUP, Toronto, ON, +1 416 868 3336, [email protected]
  • Eric Simard, Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION, Montréal, QC, +1 514 397 5147, [email protected]
  • Alex Kotkas, Partner | Managing Partner, Alberta Region, Calgary, AB | Tsuut'ina, AB, +1 403 261 5358, [email protected]
  • Zohaib I. Maladwala, Partner | Product Liability, Class Actions, Toronto, ON, +1 416 868 3453, [email protected]
  • Noah Boudreau, Partner | Litigation and Dispute Resolution, Montréal, QC, +1 514 394 4521, [email protected]
  • Sébastien Richemont, Partner | Litigation and Dispute Resolution, Montréal, QC, +1 514 397 5121, [email protected]
  • Michael Parrish, Partner | Litigation and Dispute Resolution, Vancouver, BC, +1 604 631 4863, [email protected]
  • Tania Siciliano, Partner | Litigation and Dispute Resolution, Johannesburg, +27 11 586 6028, [email protected]
Peter J Pliszka Toronto Lawyer Peter J. Pliszka Partner | CHAIR, LIFE SCIENCES LITIGATION | CHAIR, PRODUCT LIABILITY & INSURANCE GROUP Toronto, ON +1 416 868 3336
Eric Simard, Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION Eric Simard Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION Montréal, QC +1 514 397 5147
Alex Kotkas, Partner | Managing Partner, Alberta Region Alex Kotkas Partner | Managing Partner, Alberta Region Calgary, AB Tsuut'ina, AB +1 403 261 5358
Zohaib Maladwala Toronto Lawyer Zohaib I. Maladwala Partner | Product Liability, Class Actions Toronto, ON +1 416 868 3453
Noah Boudreau Avocat/Associate Montréal Noah Boudreau Partner | Litigation and Dispute Resolution Montréal, QC +1 514 394 4521
Sébastien Richemont | Litigation and Dispute Resolution Lawyer in Montréal Sébastien Richemont Partner | Litigation and Dispute Resolution Montréal, QC +1 514 397 5121
Michael Parrish, Partner | Litigation and Dispute Resolution Michael Parrish Partner | Litigation and Dispute Resolution Vancouver, BC +1 604 631 4863
Tania Siciliano, Partner | Litigation and Dispute Resolution Tania Siciliano Partner | Litigation and Dispute Resolution Johannesburg +27 11 586 6028

Experience

  • Lupin Pharmaceuticals Inc. defeats certification of proposed competition class action, [Case - Lupin Pharmaceuticals Inc and Lupin Pharma Canada Inc], Lupin defeats certification in major competition class action
  • Cook companies resolve class action concerning inferior vena cava filter products, [Case - The Defendants, Cook (Canada) Inc., Cook Incorporated, and William Cook Europe APS (collectively, “Cook”)], Canadian medical device company resolves product liability class action lawsuit.
  • Represented BMW in first appellate case in Canada about European data protection requirements and Ontario discovery obligations, [Case - BMW AG and BMW Canada Inc.], Represented a German multinational car manufacturer in foreign data protection requirements and Ontario discovery obligations case.
  • Acted for manufacturers in a wide variety of product liability, class action and tort claims, including Nissan in the largest single plaintiff product liability claim in Canadian history: Sidhu v. Nissan Motor Co., 2020 BCSC 1548, 2020 BCSC 418, 2020 BCSC 336, 2020 BCSC 183, 2018 BCSC 401 and Honda Motor Co. in Bhangu v. Honda Motor Co., 2021 BCSC 794, 2021 BCSC 2381., [Case - Nissan Motor Co., Ltd.], Fasken acted for manufacturers in a wide variety of product liability, class action and tort claims, including Nissan in the largest single plaintiff product liability claim in Canadian history: Sidhu v. Nissan Motor Co., 2020 BCSC 1548, 2020 BCSC 418, 2020 BCSC 336, 2020 BCSC 183, 2018 BCSC 401 ...
  • Settlement of a $1.7 million claim for hidden defects in garage doors, [Case - ADF Group], In 2014 and 2015, our client ADF Group Inc. had purchased several garage doors that were manufactured by Overhead Door Corporation and installed by Portes Mackies Inc. for the ADF facility located in Terrebonne, Québec. Shortly after the doors were installed, severe and recurring breakage occurre...
  • Dumas v. Nissan Canada Inc., [Case - Nissan Canada Inc.], Nissan Canada wins fight over new vehicle warranty.
  • Claim for alleged defects against a bearing manufacturer, [Case - Confidential Client], The Plaintiff claims close to one million Canadian dollars for losses related to alleged product defects.
  • Representing Allergan in class actions and mass tort individual lawsuits relating to breast implants, [Case - Allergan]
  • Representing Sandoz in a putative class action relating to the heart burn drug Ranitidine, [Case - Sandoz Canada Inc.], Putative class action relating to the heart burn drug Ranitidine

Knowledge

  • Key Product Liability Cases and Developments – 2025 Overview, 2/12/2026
  • Bill 29 – OPC Publishes Guidance for New Rules on the Warranty of Availability of Replacement Parts and Repair Services, 9/16/2025
  • Bill 29 – Québec Publishes Draft Regulation Governing Warranty of Good Working Order Applicable to Certain New Goods, 7/29/2025
  • What You Need to Know About the Scope of Statutory Warranties of Quality and a Seller’s Duty to Inform in Quebec, 12/2/2024
  • Waivers in the Online Wilderness: Court Decision Highlights the Risks of a Digital Waiver of Liability, 8/6/2024
  • Complexities of product liability issues in order to navigate consumer complaints and recalls effectively, 5/27/2024
  • On the Right Path: New E-Bike Regulations in British Columbia, 4/24/2024
  • Navigating Product Liability and Product Recalls, 2/20/2024
  • Are You Ready for November 27, 2023? Urgent and Important Changes for Registering Instalment Sales, Leasings (Crédit-bails) and Leases in Québec, 11/17/2023
  • The Verdict Is In: California Jury Finds That Tesla’s “Autopilot” Feature Not Responsible For Fatal Accident, 11/14/2023

Events

  • Bill 29 on the durability, repairability and maintenance of goods: are you ready for October 5, 2025?, 6/11/2025
  • Product Liability Law—Recent Updates Relevant to Manufacturers and Sellers of Products, 4/18/2024
  • Reform of the act respecting land use planning and development and new authorities, 6/7/2023
  • Fasken Automotive Summit, 6/8/2018
  • Fasken Martineau Automotive Summit, 9/29/2015
  • Fasken Martineau Symposium 2013 - Vancouver, 10/30/2013
  • False Labelling and Advertising Claims in the Food, Beverage and Natural Health Products Industries: A Cross-Border View, 11/20/2012

News

  • Fasken Partner Christian Trépanier Named Fellow of the Litigation Counsel of America, 1/22/2026
  • Fasken Partner Noah Boudreau Named Fellow of the Litigation Counsel of America, 11/10/2025
  • Five Fasken Partners Recognized in Who's Who Legal Thought Leaders: Global Elite 2022, 12/30/2021
  • Fasken Receives Three LMG Life Sciences Awards 2021, 9/23/2021
  • The 2021 Canadian Legal Lexpert Directory Recognizes 235 Fasken Lawyers, 4/22/2021
  • Fasken Wins Four LMG Life Sciences Awards, 9/23/2020
  • Salut, Bonjour! interviews Ponora Ang in a report about the liability of companies that fail to honour their obligations, 3/16/2020
  • Fasken Recognized at the LMG Life Sciences Awards, 9/26/2019
  • 2020 Chambers Canada Guide Recognizes 108 Fasken Lawyers, 9/19/2019
  • Fasken Receives High Recognition in the 2019 Canadian Legal Lexpert Directory, 4/22/2019

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