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Defences available to manufacturers in product liability claims

September 24, 2021

Product liability claims are often rooted in provincial sale of goods legislation. Sale of goods statutes afford consumers a set of protections, which are fairly uniform across jurisdictions. Depending on the circumstances of the case, a manufacturer faced with a sale of goods claim may have a number of available defences.

The absence of contractual privity may provide a defence. Courts across the country have recognized that a direct contractual relationship is an essential component of a sale of goods claim. The Ontario Court of Appeal’s decision in Arora v. Whirlpool Canada LP 2013 ONCA 657 is a recent example.

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