Practice Group members are available to directly represent Insurers and Product Manufacturers with respect to all manner of products liability issues. Where specifically instructed, Practice Group members from separate Canadian Litigation Counsel firms are also available to work in conjunction with one another to provide co-ordinated services in respect of products liability issues with multi-jurisdictional ramifications.
The independent affiliated firms of CLC are uniquely positioned to provide Canada-wide legal assistance with regard to all aspects of product liability law.
The services provided can be broadly broken down as follows:
The most effective means by which to limit the potentially devastating impact of products liability claims is to avoid them in the first place. Practice Group members are available to provide advice and assistance to Product Manufacturers with respect to a wide range of risk management initiatives, including:
- audits of existing risk management systems
- review and development of quality assurance protocols
- review and development of document retention procedures
- review and revision of product sale contracts
- review and development of loss and claims management protocols
Coverage issues must always be handled in a careful and timely manner. In products liability claims, particularly those arising out of “long-tail exposures”, the coverage issues are often very complex.
As insurance defence firms, each of the independent member firms of the Canadian Litigation Counsel have considerable experience and expertise in insurance coverage issues. The members of the Products Liability Practice Group are available to provide advice and assistance with respect to all manner of coverage issues which impact upon products liability claims, including:
- analysis of “trigger theories” in the context of occurrence based coverage
- own product and work performed exclusions
- profession errors and omissions exclusions
- recall (or “sistership”) exclusions
Practice Group members are also available to provide:
- legal analysis of all the relevant primary, excess and umbrella policies in force with a view to determining the coverage available
- analysis of coverage options prior to the issuance of a policy
- ongoing advice directed to upgrading existing policy wordings
The members of the Products Liability Practice Group also have a wealth of experience in aggressively representing their respective clients in defence and subrogation matters.
Each of the individual lawyers in the Practice Group recognizes the need to achieve technical proficiency in the design and manufacture issues relevant to a partic-ular claim. So too, is there a recognition of the need in defence matters to work closely with the Product Manufacturer to defend the reputation of the product and to control negotiation and litigation precedents which may impact upon future claims.
As with any litigation, however, products liability litigation must be cost effective and timely. Accordingly, all Practice Group members are committed to utilizing litigation practices which are geared towards proactive measures and innovative solutions.
Where a Product Manufacturer is facing claims in multiple jurisdictions, it requires carefully co-ordinated and consistently implemented defence strategies. When instructed to do so, Practice Group members from the independent law firms of the Canadian Litigation Counsel are able to work in close collaboration with one another to provide such co-ordination and consistency.
In those jurisdictions where there is class action legislation, Practice Group members are conversant with all procedural and substantive issues which impact upon defending class action claims.
- Corrosion Exclusion II - Resulting Physical Damage An exception to the exclusion in case: MDS Inc. v Factory Mutual Insurance , McCague Borlack LLP, July 03, 2020
- Corrosion exclusion denied due to ambiguity: This author disagrees with the determination in case: MDS Inc. v Factory Mutual Insurance , McCague Borlack LLP, June 24, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- Smoked Out: Crossing U.S. Ports of Entry in the Era of Legalized Recreational Cannabis in Canada , Whitelaw - Twining, March 25, 2020
- Cannibis Edibles: Not the same cannabis high you are looking for , February 07, 2020
- Re-Serve Your Formal Offer If You Want Double Costs , October 28, 2018
- From Motorist to Manufacturer: Adjusting to AV Litigation , September 24, 2018
- Legislative Progress Towards Legalization: An Overview of the Recently Published Cannabis Regulations , September 19, 2018
- To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. , June 29, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket , May 25, 2018
- Risk Management and Cannabis in Ontario - What is going to be legalized and when? , First Presented at an ORIMS Professional Development Day, May 24, 2018
- Waive Goodbye to the Consumer Protection Act for those who are both Occupiers & Suppliers , April 12, 2018
- Face the Music: Once Requested, A Mediation Must be Scheduled Forthwith , March 12, 2018
- Insurer's Duty of Good Faith will not be expanded by Supreme Court Case Comment: Usanovic v. Penncorp , First Published to MB's Client List, January 09, 2018
- Marijuana Legalization: Ontario Weighs In , September 18, 2017
- Legalizing Marijuana: And The Litigation Begins... , McCague Borlack LLP, March 08, 2017
- Legalizing Marijuana: Product Liability for Producers, Distributors, and Dispensers , First published in the Product Liability Client Newsletter., December 14, 2016
- Self-Driving Cars: Taking the Wheel out of your Hands , November 30, 2016
- Featured Case: Summary Judgment in Third Party Claims Alive & Viable on Claims for Contribution & Indemnity , MB Newsletter, August 18, 2016
- Pokémon Go: Augmented Reality is the New Reality for Liability Insurers , July 15, 2016
- When all is said and done: Final Releases , First presented at a Client Seminar, December 16, 2015
- Who's to Blame? Tips for Early Identification of Subrogation and Potentially Liable Parties , First presented at a Client Seminar, December 16, 2015
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Protection for Settlement Negotiations , First presented at an MB Client Seminar, March 04, 2014
- Coverage Issues in the Manufacturing/Distribution Chain , First presented at an MB Products Liability Seminar, September 24, 2012