Category Archives: Products Liability

Tort cases arising out of negligent design, manufacture or sale of products.

S.C.C. Upholds Dismissal of “Fly in Bottle” Case, Saying Law of Negligence Is Not Insurance

In a unanimous decision, the Supreme Court of Canada today dismissed the plaintiff’s appeal in Mustapha v. Culligan of Canada Limited and upheld the Ontario Court of Appeal’s dismissal of the action. The plaintiff Mustapha had experienced a severe and … Continue reading

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C.A. Finds Vendor of Spare Parts for Pool Liable for Failure to Warn

By a 2-1 margin, the Court of Appeal allowed an appeal by the plaintiffs and imposed liability on one of the defendants for a catastrophic swimming pool accident that had left a young girl a quadriplegic. In reaching its decision, … Continue reading

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Court of Appeal Re-states Test for “Nervous Shock”

Last week, the Court of Appeal released an important decision, dealing with tort liability for “nervous shock”. In Mustapha v. Culligan of Canada Ltd., the Court allowed an appeal from the trial decision of Justice John H. Brockenshire, dated April … Continue reading

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Manufacturer Not Liable for Fire Resulting from Misuse of Product

  Mr. Justice Gordon Sedgwick handed down an interesting decision last week in a products liability case. In Tudor Inn Reception Hall (1992) Ltd. v. Merzat Industries Ltd., a fire occurred at an Ottawa banquet hall in 1999. The owner had … Continue reading

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C.A. Upholds $500,000 Non-pecuniary Damages Award in Oil Spill Claim

  In Westlake v. Granby Steel Tanks, the Court of Appeal reviewed the damages award made by a jury in an action arising out of an oil spill at the plaintiffs’ home. The plaintiffs were an elderly couple. Liability had … Continue reading

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Injured Boy Not “Buyer” of Bicycle, So Sale of Goods Act Doesn’t Apply

   In Resch v. Canadian Tire et al., a 15 year old boy was seriously injured in a bicycle accident. He sued the manufacturer and the vendor of the bicycle. In an interesting ruling, the trial judge, Superior Court Justice Nancy Spies, held … Continue reading

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Culligan Man Liable for Dead Flies in Bottled Water

Today’s case isn’t particularly earth-shattering, but it’s of some interest to students of tort law. The case is Mustapha v. Culligan of Canada Ltd. (reasons for judgment attached, courtesy of Mr. Justice Thomas Granger of the Ontario Superior Court). The … Continue reading

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