Product Liability

We defend manufacturers in high-stakes product liability matters, helping manage litigation, recalls, and regulatory risks with strategies that protect both business and reputation.
Key Contacts
Dionne Bourassa PascaleEizenga MichaelWoodin Cheryl
Computer chip

Overview

Our product liability team provides experienced representation in responding to the legal and reputational challenges that arise in the event of alleged product defects or failures, regulatory non-compliance, and recalls or allegations of misrepresentation resulting in product liability litigation, including class actions.

We have represented a wide range of industrial, consumer and medical products manufacturers in sophisticated, multijurisdictional proceedings. We work closely with in-house counsel to address litigation objectives. We have significant experience managing cross-border litigation arising out of the same or similar allegations. We have experience supporting clients through product recall campaigns (including Health Canada and Environment Canada recalls), and regulatory investigations.

,,One client testified to being 'very satisfied and confident in their capabilities' adding that the group's main strength is 'knowing the product and how best to defend it.',,

What Clients Say

How We Deliver Value

How We Deliver Value

Strategy Defined by Business Objectives

A Broad Team with Varied Expertise and Background

A Practical Approach to Managing Risk

Demonstrated Experience and Success

Service Delivery Tools and Technology

Client Work

A consortium of six provincial and three territorial governments in a C$32.5-billion resolution with the tobacco industry to recover the healthcare costs associated with smoking
BD
defending BD in respect of a third-party claim brought by defendants in this matter, who include the Victorian Order of Nurses and two individual nurses
BD
representing BD in a complex multi-party product liability action involving three plaintiffs, various doctors and various hospitals
BD
in a BC multi-party product liability action involving the plaintiff, an eye specialist, an eye specialist clinic, a compounding pharmacy, a drug manufacturer and a drug and medical devices supplier
C.R. Bard
in defence of several medical device product liability cases, including those related to surgical mesh, stents, and devices that prevent blood clots
Canadian Pacific Railway
in two proposed class action relating to a fire that destroyed the village of Lytton, BC
Daikin Comfort Technologies
in six product liability matters in Ontario, British Columbia and Nova Scotia
Fire Service Plus
in three separate claims where its products, used to stop fires, are alleged to have resulted in soil and groundwater contamination at the sites where they were employed
Ford Motor Company
in several product class actions of significance in North America
Hyundai
in a putative national class action, filed in BC and Quebec, which alleges that airbag inflators manufactured by ARC Automotive that are installed within the airbag systems of various types of vehicles are defective
LG Electronics
in a consumer class action brought on behalf of Canadian residents who purchased, other than for resale, an LG refrigerator from LG
Namaste
in class proceedings in BC and Québec alleging that chemical hair straightening products cause or increase the risk of uterine, ovarian and breast cancer
C.R. Bard
in defence of more than 15 class actions relating to medical devices including pelvic mesh, hernia mesh and inferior vena cava filters
Monsanto Corporation
in its defence of an action alleging product defects in its Touche tomato seeds
Trinity Industries
in a complex products liability class action, alleging a design defect and failure to warn on behalf of a proposed national class
A.O. Smith
in multiple claims by consumers alleging negligent manufacture, negligent design and failure to warn related to water heaters and fan motors
HP
in defence of allegedly defective large-scale banner print materials
Volkswagen
for all diesel and other emissions class actions and as primary defence counsel in the consumer, securities and cartel class actions

Recognitions

Chambers Canada
Ranked, Litigation: Product Liability
Ranked, Litigation: General Commercial
Ranked: Dispute Resolution: Class Action (Defence)
Canadian Legal Lexpert Directory
Most Frequently Recommended, Class Actions (Toronto); Litigation - Product Liability (Toronto)
Consistently Recommended, Class Actions (Calgary)
Repeatedly Recommended, Litigation - Product Liability (Calgary)
Dionne Bourassa Pascale

Pascale Dionne-Bourassa

Montréal Managing Partner

Eizenga Michael

Michael A. Eizenga L.S.M.

Partner   •   Co-Head of Class Actions Practice

Woodin Cheryl

Cheryl M. Woodin

Partner  •   Co-Head of Litigation and Dispute Resolution Department

At the centre of market-shaping deals and high-stakes disputes, Bennett Jones delivers clarity, strategy and results. Our cross-border teams turn complexity into progress, always focused on what drives your success.

Your Guide to Legal Solutions: Product Liability

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The Bennett Jones Story

At Bennett Jones, legal solutions are our starting point. What drives us forward is knowing our clients inside and out—their ambitions, obstacles and success metrics.

For more than a century, we have shaped outcomes that matter in business, in law and in the broader Canadian landscape. And our commitment extends beyond legal matters: we invest deeply in the communities in which we live and work.