Product Liability
Our expertise
Our services in product liability are informed by extensive experience in high stakes matters across several industries. Drawing on a long-standing practice, including in class actions, we are well equipped to accompany and represent clients in responding to the legal and reputational issues that arise when faced with alleged product defects, safety defects and misrepresentations.
We have represented a variety of stakeholders in litigation and regulatory matters involving a wide range of products, including industrial, medical and consumer products. We frequently act in highly technical and complex matters as well as cases that involve multi-jurisdictional and cross-border aspects. We have significant experience leading and collaborating in co-defense strategies where several stakeholders have overlapping interests.
Representative work
Attorney General of Québec v. Imperial Tobacco Ltd, et al., Superior Court of Quebec, file no. 500‐17‐072363‐123
Acting for Philip Morris USA Inc. and Philip Morris International Inc. in the defense of a $60B claim brought by the province of Québec against tobacco manufacturers pursuant to the Tobacco‐Related Damages and Health Care Costs Recovery Act.
Multiple proceedings, mostly in arbitration
Acting for the constructor (joint venture of two multinational corporations) of the CHUM mega-hospital in dozens of contractual disputes (as plaintiff and defendant’s counsel) against entities such as the facility manager, the owner of the project, and various professional consultants and suppliers. Such disputes involve issues concerning project certification, alleged defects and remedial works, security packages and construction liens, as well as associated penalties, deductions and contractual claims.
Leisure Holdings Inc. v. 2781875 Canada inc., 2019 QCCS 4831 et Leisure Holdings inc. v. 2781875 Canada inc., 2022 QCCA 141
Acted with success at trial and on appeal for WSP Canada Inc. in an action brought on the basis of latent defects identified in a hotel complex, in a context where WSP Canada Inc. had acted as pre-purchase inspector.
Multiple proceedings in arbitration
Acting for the constructor (multinational corporation) of various power plants and installations in several contractual disputes (in ICC mediation and arbitration, past and present) against suppliers and subcontractors for projects in Québec (publics contracts) and in Newfoundland and Labrador (public-private partnership), including for cost-overruns, project delays, defects and remedial works.
Murphy v. Nicram Enviro inc., 2012 QCCS 7144
Represented TE Connectivity Ltd. (formerly Tyco Electronics Corporation) against allegations of product defects regarding electronic components incorporated into a pharmaceutical refrigeration unit. We successfully negotiated a favourable settlement on behalf of our client.
J. Jonasshn v. ZF TRW Automotive Holding Company et al., Superior Court file no. 500-06-000997-193
Representing ZF TRW Automotive Holding Company, a worldwide leader in automotive safety products, and its subsidiaries in a class action alleging failure to disclose and properly address a dangerous and deadly defect in airbag control units. Class actions concerning the same matter have been filed in the United States and in British Columbia.
Charles v. Boiron Canada Inc., Superior Court file no. 500‐09‐025047‐150
Representing Boiron Canada Inc. in the context of a consumer class action alleging misleading advertising of a homeopathic flu remedy.
David Zouzout v. Canada Dry Mott’s Inc. et Keurig Dr Pepper Inc., Superior Court file no. 500‐06‐000968‐194, 2022 QCCS 3873
Represented the defendants, Canada Dry Mott’s Inc. and Keurig Dr Pepper Inc., in a class action claiming the advertising and labelling of Canada Dry’s ginger ale products include false representations regarding their ginger content.
EV v. Ethypharm, Superior Court file no. 500‐06‐001004‐197
Representing a French pharmaceutical company in a class action involving 27 defendants regarding the opioid crisis.
Del Guidice v. Honda Canada Inc., 2007 QCCA 922, affirming 2005 CanLII 20593 (QC SC) >
Acted for Honda Canada in a matter alleging the lack of durability of paint on cars. Obtaining the dismissal of the motion for authorization of a class action against our client and defense of the judgment in the context of an appeal by the plaintiff.
Sonego v. Laboratoire Expanscience, 2011 QCSC 1
Obtained the discontinuance of a proposed class action, alleging potentially harmful medical consequences from exposure to our client’s cosmetics products.
